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Dress Codes and Sex Discrimination in the Workplace - Guidance for Employers

on Friday, 25 May 2018.

The Government and Equalities Office has published new guidance on the law surrounding workplace dress codes with a particular focus on sex discrimination.

In summary, the guidance reminds employers that although a dress code can be a legitimate part of an employer's terms and conditions, a policy which requires gender-specific items to be worn or imposes unequal standards between men and women is likely to be unlawful.

For example, a requirement for female employees to wear high heels, but no footwear requirement for men, is likely to be unlawful on the grounds that it directly discriminates against women by treating them less favourably than men.

The guidance also warns of the risk of requiring male and female employees to dress in a provocative or revealing fashion. Although this will not be direct sex discrimination(as the requirements on men and women are equal) it may increase the risk of an employee being vulnerable to sexual harassment.

It is advised that employers proposing to introduce a dress code, or make changes to an existing one, should consult with employees and trade unions or staff organisations (where appropriate) to ensure that the proposals are acceptable and ensure they are accepted by staff.


For more information please contact Amaya Hobby in our Employment Law team on 0117 314 5640.