Yes, employers can implement a dress code, but it must be applied fairly and without discrimination. A dress code that disproportionately affects people with a particular protected characteristic may be unlawful under the Equality Act 2010.
Key Principles for a Lawful Dress Code
- Apply it equally — rules should apply to all employees, though the specific standards may differ between men and women as long as the overall standard is equivalent
- Consider religious and cultural needs — blanket bans on headwear may indirectly discriminate against Sikhs, Muslims, or Jewish employees
- Accommodate disabilities — employees with certain conditions may need adjustments (e.g., comfortable footwear, adapted uniforms)
- Be proportionate — requirements must be justified by a legitimate business need (e.g., health and safety, customer-facing roles, hygiene)
- Avoid gender stereotyping — requiring women to wear high heels or heavy makeup while men are not subject to equivalent requirements has been found to be unlawful
Health and Safety Requirements
Where dress codes are driven by health and safety requirements (e.g., PPE, hair nets, steel-toe boots), these are more easily justified. However, you must still consider reasonable adjustments for disabled employees.
Best Practice
- Consult with employees before introducing or changing a dress code
- Include the policy in your employee handbook
- Document the business reasons for each requirement
- Review the policy regularly and update as needed
- Handle requests for exemptions with sensitivity
Need help drafting a compliant dress code policy? Speak to our HR experts.