The House of Commons Petitions Committee and Equalities Committee have published a joint report, ' High heels and workplace dress codes', which recommends that the government urgently reviews the effectiveness of discrimination law to challenge inappropriate dress codes. The report is adamant that the requirement for women to wear high heels is discriminatory and damaging to female workers' health and wellbeing. Further, the report is critical of the lack of effective sanctions for employers who impose discriminatory dress codes in the workplace.
What next?
The deeper issue here is the scope of what is potentially discriminatory. Should women to be required to wear make-up, have regular manicures or have a certain skirt length at work? Should men not be allowed facial hair? Updated guidance on these controversial issues is due to be published by Acas and the Health and Safety Executive by July 2017 and we will be following with interest.
The July 2017 guidance is also expected to recommend more significant financial penalties and the option of bringing an injunction against employers who impose discriminatory dress codes (although we question how effective an injunction would be in practice – should all workers be made to wear high heels going forward?)
What should employers do now?
Broadly, the law states that a provision, criterion or practice is indirectly discriminatory if it puts one sex at a particular disadvantage and such discrimination cannot be justified as a proportionate means of achieving a legitimate aim. There is a fine balance between a discriminatory dress code and a requirement for workers to dress appropriately and professionally for the workplace. Employers should be cautious and consider whether their dress codes could be considered humiliating, degrading to or sexualising women when compared to men (or the other way around). Careful review is particularly important in anticipation of more severe penalties being imposed this summer.
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