REWARD INSIGHT
Dress sense
Emma O’Leary, employment law consultant for the ELAS Group, addresses the issue
R eceptionist Nicola Thorp was sent home from work in 2015 for refusing to wear high heels. A petition she later started went viral attracting 152,000 signatures and spurred a parliamentary committed inquiry. The parliamentary investigation into workplace dress codes has exposed widespread discrimination against women and “dodgy 1970s workplace diktats”. This revealed the problem went way beyond just heels, uncovering outdated and sexist employment practices such as women regularly being told to wear more revealing clothing to entice male customers, undo buttons on shirts, bleach their hair blonde, wear perfume, make up and even a certain shade of lipstick. The findings of the parliamentary inquiry are shocking. There is simply no excuse for discriminatory practices in the workplace. With so much focus on gender equality it’s absurd that women still have to fight for the right to dress as they wish against the male view of how they believe a woman should dress. The Equality Act 2010 (and the Sex Discrimination Act before that) ensures that women are protected from being treated less favourably on the grounds of their sex. Setting a specific dress code for women only is of course less favourable treatment and women are entitled to complain about it. It is obvious clear discrimination seeing testimony such as that posted on the parliamentary forum by the shoe shop assistant who said her employer “requires us to wear high heeled pointy shoes of their choice; we are not allowed to wear alternative flat-heeled shoes that are available within the range...none of the male staff within the company are forced to wear heels”. There is no reason female
employees would not be able to perform the same role wearing flat-heeled shoes as the male employees do. Employers should look at whether or not their dress codes are fair and equal to all employees as well as whether they are putting employees at risk; for example, research has highlighted the risk of long- term musculoskeletal damage as a result of wearing high heels. ...there cannot be separate rules for men and women... Taking into account employers’ duty of care to protect their employees’ health in the workplace, we suggest that companies review their dress codes and determine whether the requirement to wear high heels is necessary. If employees spend the majority of the day on their feet, are required to carry heavy or awkward loads or walk any distance then this should be considered. Of course, first impressions are important and companies want to portray a certain image. In a business environment it can be argued that high heels add to a professional appearance; however, the same could be achieved with formal flat shoes. A company needs to look at why they want women to wear skirts or heels. If it’s because they feel women are better to look at then stop, but if it’s for professional/ smarter appearance then this can be fine if the person is working in a client-facing role. The important thing is that the policy is reasonable and applied equally to men who are employed in a similar role. While you would never ask a man to wear high heels you could require them to wear a tie or have
a neatly trimmed beard rather than stubble, yet it would be inappropriate to ask a woman in the role if she had shaved her legs. It’s clear that there is still a sexist attitude in some circles when it comes to dress codes, and not just here in the United Kingdom. The president of the United States of America, Donald Trump, caused an outcry when he told female staff in his administration that they need to always “dress like women”. While there is nothing wrong with requiring employees to be smartly dressed, there cannot be separate rules for men and women; sexist attitudes such as this belong firmly in the past. The equalities minister, Caroline Dinenage, said it best: “shod in heels or flats, we are collectively putting our foot down...women should not be expected to wear things that cause discomfort or expense that a male colleague would not.” There are three steps every company should consider when looking at a dress code policy: ● What are you trying to achieve? Are you asking women to dress a certain way because you think it makes them look better/sexier or is it to enhance a professional image in a client-facing role? ● Is what you are doing proportionate to what you are trying to achieve or are you going over the top? ● Dress code should be balanced with considerations such as health and safety, not just in the workplace but also for the person wearing the item of clothing. You wouldn’t expect someone to wear a tie around fast-moving dangerous machines. Equally, forcing someone with a disability to wear high heels might exacerbate conditions surrounding their disability. n
| Professional in Payroll, Pensions and Reward | May 2017 | Issue 30 30
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