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.”
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