Dress Codes at Work
In April 2003, civil servant Matthew Thompson who worked as a behind the scenes employee in a JobCentre Plus office, was successful in his Employment Tribunal claim for sex discrimination. His claim was founded on the fact that the women in the office were permitted to wear T-Shirts (and even on occasion, football shirts) while he, as a man, was obliged to wear a shirt with collar and a tie. The tribunal agreed with his allegations that the dress code was sexist, calling it "draconian" and "discriminatory".
Once upon a time, office dress was a matter of common acceptance. More recently, however, led by a number of high-tech and internet based companies, whole industries have moved toward the adoption of "casual dress" or "business casual" policies. The advice sector, and the voluntary advice sector in particular, is noted for its relaxed attitudes about work attire. Dress codes can be contentious things, with terms like "casual" open to interpretation, and disputes over dress can even lead to disciplinary proceedings, dismissal or litigation.
So, the decision in Matthew Thompson’s case was significant. As it is a decision of the employment tribunal (Manchester) only, it is not reported online. However, I was able to locate a copy of the decision on a slightly eccentric civil service union website. It does appear to be a complete version of the tribunal’s decision, but obviously lacks any kind of authority in terms of reported decisions. The site also contains an entertaining commentary of the tribunal proceedings, something that more formal law reports might like to consider?
This case has prompted an outburst of online legal advice. Almost every solicitors’ website which offers articles on employment law has something to say about the case. Concerns (albeit unfounded ones) abound about employers being unable to insist on employees wearing ties. The Scotsman recently reported that a number of civil service employees have lodged IT1 forms seeking damages for having to wear a shirt and tie, instead of a more casual option. Without doubt, the best legal article on this topic was a brief text by Osborne Clark solicitors. Taking the shirt and tie case as its starting point, it addresses just about every legal point which could possibly be related to dress codes. It covers sex discrimination, race discrimination, disability discrimination, human rights (freedom of expression), dress codes’ application to those undergoing gender reassignment etc. It even has an eye to the future as regards religious dress requirements, noting the entering into force on 1 December 2003 of the Employment Equality (Religion and Belief) Regulations 2003.
Of course, employers’ attempts to regulate their employees’ appearances extend further than just their clothes. Dress codes commonly stipulate standards in relation to jewellery, piercings, body art and hair. I was moved to include a personal website in the web review by the author’s well researched campaign for the end to what he sees as discrimination against long haired men. The issue is one of great importance to him and his guide to the law in this area is almost entirely accurate. The principles enunciated are of wider application too.
If you want a dress code, then the web also has assistance in drawing one up. First, a salutary tale of some of the difficulties in imposing a strict dress code can be found on the web. An American management site has a useful 9 step guide to drafting an office dress code. Once you have done that, you can read the associated article on how to handle the relaxation of the dress code.
The business research laboratory argues the case for casual dress at work. Their research demonstrates that casual dress policies sends positive signals to the workforce: flexibility on the part of management; not seeking to "control" employees; and an egalitarian workplace which does not favour those who "have had the good fortune to be born in the more affluent classes".
However, some employees take casual dress to far, turning up in quite inappropriate clothing (especially in hot summer weather, apparently). To avoid any confusion, ABC News have published this useful guide to what kind of casual clothing is acceptable under a casual dress code. There is also an entertaining interactive guide to casual dress at work, one for men and other for women.
This article was written by Iain Nisbet of Govan Law Centre.
It first appeared in SCOLAG Legal Journal in August 2003.
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