Retail Appointment September 2018 TRAP_Sept 2018_DigitalEdition2 | Page 7

hilst this was heavily criticised in the press, there is nothing in law that prevents the employer from requiring a certain dress code and that code can be different for men and women. It is the latter point that perhaps causes most controversy. W Why should the two sexes be treated differently? There is no statute that provides for this apparent unfairness and its origins are in case law. (Courts have ruled that this is so.) One of the most significant cases was in the ‘90s, Smith versus Safeway. Mr Smith had long hair and there was a requirement that he had it tied back. Mr Smith said that he was being treated differently to fe- male members of staff. The case went all the way to the House of Lords which ruled finally that employers can have a different dress code for men and women. Whether this is sustainable or appropriate in the 21st century will have to be tested in the courts unless the government leg- islates, which it does not appear to be minded to do. The question then arises, what about transgender people? The world has changed dramatically since Smith v Safeway and the ability for em- ployers to require different dress codes for men and women may soon change. Is it appropriate to have dress codes at all? This, of course, is a matter of opinion, but most reasoned thought will be yes, if it’s relevant. If you’re working in an office or a factory and have no interface with cus- tomers, then the necessity for a dress code is harder to justify. However, if you are customer facing, then an employer perhaps is entitled to insist on certain standards. Rightly or wrongly, the public as a whole has certain expectations of how they think lawyers should be dressed. If you went to see a solicitor and you are over 50, for the sake of argument, you are likely to be alarmed if your solicitor welcomes you wearing shorts and a dirty t-shirt. You are very likely to think that he/she is unpro- fessional and take your business else- where. Whereas, an ultra trendy youngster may think that’s cool but also wouldn’t be put off by a conservative dark suit. Professional service firms will almost al- ways have a dress code that requires a degree of conservatism because conser- vatism offends no one. On the other hand, if you are running a high fashion retailer, once again there would be a standard required. You would not take a retail store seriously as being at the zenith of fashion if all the staff looked liked they were dressed from the ‘60s. Fashion companies would be enti- tled to expect their employees to repre- sent the fashion they wish to promote. Staff uniforms are still common and may become more common as the rules be- come more relaxed. A staff uniform, which must be clean and well maintained, is a very good way of neutralising arguments about conservatism over fashion. How- ever, many retail managers will know that choosing a uniform can be a nightmare and trying to do it by consensus will al- most always end in tears. As fashions become more diverse and people’s expectations modernise, existing dress codes and guidance should be re- viewed. Employers can and should be able to require a certain standard, but that, perhaps in many cases, should be restricted to employees making a reason- able effort about their appearance — for example, clean clothes of reasonable quality with decent footwear. Only if their appearance could affect the sales of the business (or impact on safety issues) should the employer interfere with what their employees wish to wear. Peter Burgess Readers are welcome to respond to these articles by visiting our website at www.retailappointment.co.uk/POL, where they can review other issues or make comments on this advice. Got a new question? Just email us at [email protected] or visit us on the website. This advice is meant for general entertainment purposes only and, if you have a specific issue on which you need help, you are advised to seek the advice of a solicitor, HR Consultant or can obtain free advice from ACAS. “...you are likely to be alarmed if your solicitor welcomes you wearing shorts and a dirty t-shirt.” retailappointment.co.uk 07