Buddy says: Dress codes may be specified by employers in employee handbooks and/or contracts of employment.  Even in the absence of any contractual provision, employees will be under an implied duty to act in accordance with their employer’s reasonable and lawful instructions, which is likely to include requirements relating to appropriate dress. 

It is open to an employer to require members of staff to dress in a particular way in the workplace.  However, the ability to impose dress requirements is not without qualification.

Employer information: Employers must act reasonably by balancing the needs of the business with the rights of employees.  It is important for employers to get the principles of the dress code right so that it genuinely reflects a business need and is neither arbitrary nor discriminatory.  The dress code needs to be spelt out in a clear policy which is transparent and understood by all and it must be enforced in a consistent and proportionate way.  This time of year is a sensible time to remind employees of what is acceptable dress to wear in the workplace.

In certain professions, it will generally be reasonable for employers to require members of staff to wear a uniform or uphold a certain standard of dress to project a professional image.  This is particularly relevant if an individual has a customer facing role.  In addition, employers can prescribe a dress code that is appropriate for the work involved, for example, the wearing of protective clothing for health and safety or hygiene reasons. 

It is important that employers treat all objections seriously.  Some staff may be unable to comply with dress codes because of religious or cultural requirements.  Employers should be particularly sensitive to potential claims for discrimination on grounds of race or religion or belief, although an employer may, in certain circumstances, be able to justify restrictions on health and safety grounds.  Even where there is no discrimination, employees may nevertheless have acceptable reasons for not wearing particular clothing, for example, where it causes a medical condition or other discomfort. 

If you consider that an employee’s appearance is inappropriate, you should meet with the individual in private.  In this meeting, you should explain your reasons why you believe his/her appearance is inappropriate and invite them to explain why they are not complying with your organisation’s requirements.  If after listening to the employee, you consider he/she does not have a good reason for not complying with the expected standard of dress, you should give them adequate time to improve their appearance before considering disciplinary action.