UK uniform laws - Your questions answered

Dress code has become a hot topic recently, with more questions being asked directly and in our employment training sessions. To answer these questions and more, the following Q&A aims to provide guidance on the law in this area and how to avoid pitfalls whilst adopting best practices.

Q: What is the law on dress codes at work?

A: There is no law in the UK that directly relates to dress codes and uniforms at work. This means that employers are mostly free to decide whether to implement a policy within their workplace- and what that policy will include.

However, it should be noted that if an employer decides to introduce a dress code policy, then that policy should not discriminate against certain workers.

In addition, care should be taken when it comes to charging staff for uniforms and applying penalties to anything that is lost or damaged.

Q: Why have a dress code/uniform policy?

A: Workplace dress code plays an important role in setting professional standards, particularly in customer or client-facing roles. Employers may require staff to dress in a certain way to maintain a consistent and polished image, ensuring that employees present themselves in a manner that aligns with the company’s values and expectations. In some industries, this might mean business attire, while in others, a more relaxed but still professional dress code may be appropriate.

Uniforms are often used to reinforce brand identity and create a sense of unity among employees. They help customers and clients easily identify staff, making interactions smoother and more efficient. In sectors such as hospitality, retail, and healthcare, uniforms can also reflect the organisation’s branding, fostering a sense of professionalism and trust.

In addition to appearance, some workplaces require employees to wear specific clothing for health and safety reasons. Personal protective equipment (PPE), such as high-visibility vests, safety helmets, or specialised footwear, may be necessary to comply with legal requirements and protect workers from potential hazards. Employers have a duty to ensure that such safety measures are enforced, helping to create a secure and compliant working environment.

Q: What should our policy include?

A: A well-defined dress code policy is essential for ensuring consistency and clarity in the workplace. Employers should clearly outline who the policy applies to and what the expectations are, specifying acceptable attire, any required uniforms, and any restrictions on clothing, accessories, or appearance. This is particularly important in organisations where different roles have varying dress requirements, such as client-facing staff who may need to adhere to more formal standards compared to those in non-public-facing positions.

The policy should also set out the consequences of failing to comply, whether that involves informal reminders, formal warnings, or other disciplinary measures. Employees should understand the importance of adhering to the dress code and be aware of the potential implications if they do not. However, any enforcement should be fair, reasonable, and proportionate, ensuring that employees feel respected rather than unfairly penalised.

Providing an explanation for the dress code rules can also help employees understand their purpose and accept them more readily. For example, highlighting the need for professionalism in client interactions, health and safety requirements in high-risk environments, or the importance of a uniform in reinforcing brand identity can add context to the policy. Above all, employers should aim for fairness, consistency, and clear communication, ensuring that the policy is easy to understand and applied uniformly across the organisation.

Q: What are the pitfalls?

A: Any dress code or uniform policy must not discriminate against workers based on any of the nine protected characteristics as set out in the Equality Act 2010.

Issues can arise where uniforms or requirements are different between men and women.  You must ensure that the policy applies to all even where there are separate requirements. Dress codes and uniform policies for men and women do not have to be identical, but the standards the policy or code imposes should be equivalent. For this reason, you should not have a policy that requires women to wear make-up, high heels or short skirts.

For staff who are disabled within the meaning of the Equality Act, you will need to consider whether reasonable adjustments are required to remove any disadvantage. This could include where clothing is restrictive or made of a material that is a skin irritant.

You should also consider whether flexibility is required for staff who have concerns but do not have a protected characteristic. There could be many reasons for this including menopausal symptoms, skin conditions, injuries etc.

In terms of a dress policy that could conflict with a member of staff’s religion or belief, avoid anything that forbids certain types of headwear/head coverings or jewellery. It is possible to justify any restrictions that are necessary- for example on health and safety grounds. However, these should always be explored to identify any other ways to achieve the same outcome.

Q: Who should pay for uniforms?

A: Even if the wearing of a uniform is compulsory, there is no legal obligation on an employer to pay for it. That said, many employers will either provide the uniform, will offer it at a discounted rate or will provide some form of clothing allowance. These methods help to ensure compliance and avoid issues over affordability.

An employee cannot be charged for personal protective equipment (PPE) but, when their contract ends, they should return these items. If PPE is not returned then you may be able to deduct the cost of replacing it from wages, provided there is written provision to do so in the contract of employment.

Remember that making a deduction or withholding pay without such a contractual term would amount to an unlawful deduction from wages for which they would have a valid Employment Tribunal claim. You must also ensure that any deduction does not take the worker below the current National Minimum Wage rate.

Q: What about tattoos?

A: Tattoos in the workplace can be a contentious issue. Body art is sometimes considered “unprofessional” and studies have shown that recruitment decisions are impacted by visible tattoos. In the UK, there is no specific legal protection against discrimination based solely on having a tattoo. Apart from religious markings, body art is not considered a protected characteristic under the Equality Act 2010 and so refusing to employ someone on this basis is not unlawful.

However, these decisions should be based on reasons that can be evidenced and not based on personal preference or opinions. Consider whether the tattoo is visible or offensive and whether the individual is in a customer-facing role. Also, consider whether you could be rejecting the best talent for the job due to what may well be unsubstantiated views.