The legal ramifications for a strict dress code can be costly. Tribunals have seen claims relating to sex and religious discrimination in recent years, and with the potential for employees to also make complaints of disability discrimination and discrimination on grounds of gender reassignment, employers must ensure that a dress code is objectively justified.
Do…
…have a clear, accessible and fair dress code policy:
Subject to the ‘don’t’ list below, be clear about what you will and will not permit. Ensure that your dress code policy is communicated to all new starters and is accessible.
Adopt a common-sense approach – your staff members are likely to be active when caring for children, so comfortable attire would be advisable.
…be understanding of religious and cultural dress:
You should pay particular attention to religious or cultural requirements, to reduce the chance of any claims.
Do not only consider items of religious dress when drafting your policy. A tattoo ban, for example, could lead to claims of race or religious discrimination.
Don’t…
…thoughtlessly decide what is ‘appropriate’:
Ensure that your dress code can be objectively justified. For example, you should be able to explain why you are prohibiting certain items such as long nails or sharp jewellery in the workplace, as these would pose a health and safety risk to the children.
…have a blanket policy:
Gender-specific prescriptive requirements are best avoided. Standards imposed should be equivalent and dress codes must not be a source of harassment.
You will need to ensure that your dress code maintains a professional image within a nursery environment; for example, not permitting low-cut clothing could be justified as it would be inappropriate and may cause offence.
