Business security

UK: Bringing Sexist Dress Codes To Heel…

Applying dress codes in a gender neutral manner looks sensible, leading to better employee engagement as well as a more diverse workforce, with the added benefit of avoiding any allegations of discrimination based on sex or sexual orientation.  It is also worth remembering that it is unlawful for a person to be treated less favourably because of their gender reassignment.

Employers will need to bear in mind that with all the recent focus on sexist dress codes, religious dress can also be a factor for employers to consider.  Employees may turn up wearing clothes or accessories linked to their religion, which conflict with the employer's dress code and employers will need to consider whether their potentially indirectly discriminatory requirements can be objectively justified.  When a BA employee wanted to wear a two inch cross on a necklace, BA initially objected but the European Court of Human Rights held that the interference to the employee's rights to manifest her religious rights could not be justified.  However a nurse failed in a similar claim because the hospital could justify its objection to the necklace on health and safety grounds.  Similarly asking a teaching assistant not to wear a niqab veiling her face was justified as it prevented effective communication with her pupils.  Remember that there are specific legal exemptions to enable Sikhs to wear a turban instead of a safety helmet in all workplaces.