Summer dress codes needed to protect decency, warns law firm

Leading employment lawyers are urging employers to check that they have appropriate dress policies in place as employees strip off for the summer weather. Bosses could find themselves facing potential legal problems such as discrimination and harassment claims, or claims that their dress policy breaches UK human rights legislation.

Gabriella Wright, an Associate in the Employment Group at Charles Russell, explains, “If an employer doesn’t have an adequate dress policy in place, they might face legal problems if employees decide to ‘bare all’. Not only would other employees be entitled to complain, but an employee dressed in the bare minimum could be more open to harassment. The problem is that the responsibility ultimately lies with the employer and he or she could be liable if complaints or harassment occurred.”

Wright continues, “Another important factor is human rights legislation. Employers need to get the balance right between setting out clear and reasonable standards of dress that allow them to maintain a professional image, but that still allow an employee to exercise their freedom of expression.”

An appropriate dress policy will protect an employer’s position, will avoid complaints amongst employees and will help maintain the employer’s reputation with clients or customers. Employers might find the following tips for a summer dress code of use:

1. Ensure that the same rules apply, so far as possible, to male and female employees.

2. Ensure that dress rules can be justified on good business grounds.

3. Ensure that any prohibited of items of clothing are clearly spelt out.

4. Make it clear that breaches of the dress policy could result in disciplinary action being taken.

5. Ensure that employees with a genuine need to dress outside the scope of the policy (for example, on religious or cultural grounds) are accommodated, so far as possible.
This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.