Tattoos, Discrimination and the Talent Pool
ACAS have recently published new research revealing that employers may be missing out on a considerable pool of talent due to their negative attitudes towards tattoos.
ACAS Findings
The study found that almost one in three young people have a tattoo and consequently, a negative reaction to tattoos by employers can hinder younger applicants during the recruitment process. An ACAS press release states "Almost a third of young people now have tattoos so, whilst it remains a legitimate business decision, a dress code that restricts people with tattoos might mean companies are missing out on talented workers."
Other findings of the study revealed that:
- Negative attitudes towards tattoos and piercing from managers and employees can influence the outcome of recruitment exercises within some workplaces.
- Some public sector workers felt that people would not have confidence in the professionalism of a person with a visible tattoo.
- Some private sector employers, from law firms to removal companies, all raised concerns about visible tattoos in relation to perceived negative attitudes of potential clients or customers.
In light of these findings, ACAS has updated its dress code guidance, stressing that dress codes must not lead to a detriment for one gender over another or lead to any other sort of discriminatory treatment. In ACAS's view employers should reflect on the business reasons that lie behind a dress code and consult with their workforce before making any changes.
Best Practice
Employers are within their rights to have their own rules in relation to appearances of staff within the workplace in order to promote a certain image and maintain their reputation. However, any restrictions in place should be based on legitimate business reasons and not on personal preferences.
ACAS confirm that it remains a legitimate business decision to have a dress code that restricts people with tattoos. However, ideally some care should be taken to ensure that such restrictions can be objectively justified, in particular where tattoos are connected to an individual's religion or beliefs.
It remains to be seen whether refusing someone employment on the basis of a visible tattoo could amount to discrimination on the grounds of age, but there is clearly a potential for such claims to be brought. Basing dress codes on objectively identified business needs will help protect against such claims succeeding.