Virgin Atlantic has recently introduced a gender-neutral dress policy for its cabin crew, pilots and ground staff in a new branding campaign which aims to reflect the diverse nature of its workforce and customers.
Staff working for the airline will now be permitted to wear the uniform they feel most comfortable in “no matter their gender, identity or gender expression”. It will also introduce mandatory inclusivity training in some regions, gender neutral ticketing in countries which use titles in passports, and use of optional pronoun badges to be issued upon request for both crew and passengers. This change falls in line with progressive business trends to adopt more inclusive policies and modern working practices.
The airline industry has previously faced criticism for setting strict guidelines on their workforces’ appearance and dress codes, such as mandatory requirements for women to wear makeup whilst working. Airlines such as Virgin Atlantic subsequently dropped these requirements to provide staff with more freedom to choose how they express themselves at work.
Further, in 2017 a public petition led to a parliamentary enquiry following demands that employers be prevented from forcing women to wear high heels in the workplace. The report noted that many of those affected by the unfair dress code policies were young women in unsecure roles, who may have already felt vulnerable in the workplace. The report concluded that the Equality Act 2010 (the Act) was "not yet fully effective" in addressing the issue.
The legal limits of dress code policies in the workplace are currently not specifically addressed within legislation. However, the Act does rule it unlawful to discriminate, directly or indirectly, in the workplace against those with protected characteristics, such as on the basis of sex or religious beliefs. As a result, we recommend that case law and external guidance is examined when looking to define the parameters of acceptable dress code policies. For instance, ACAS advises that companies should first consider whether a dress code is required at all and only specify one where required by business needs.
Guidance does state that dress code policies and restrictions can be “justified as a proportionate means of achieving a legitimate aim, such as health and safety considerations”. However, the Government Equalities Office states that dress codes should not require certain employees to be disadvantaged or to dress in a provocative manner which may result in harassment by colleagues or customers.
Caution should always be exercised before a dress code policy is introduced, as this can result in requirements which are discriminatory.
For example, the case of Sethi v Elements Personnel Services Limited, considered the application of a "no beards" policy within the workplace. This policy was found to indirectly discriminate against a practising Sikh who was unable to cut his beard for religious reasons.
Further, in a claim brought by Mr Miah against his employers Boots Management Services Limited, the Employment Tribunal assessed the issue of dress code in a sex discrimination context. Mr Miah had been reprimanded for wearing shorts contrary to the dress code at the time, which stated that ‘shorts could not be worn’. He protested that women working in the warehouse were 'afforded a greater degree of discretion' and permitted to wear garments of the same length. Management had not applied a coherent and consistent discretion as to when a pair of trousers became a pair of shorts on a man and on a woman.
Although the claim ultimately failed for procedural reasons, the Employment Tribunal Judge concluded that that the policy requirements could result in sex discrimination. Ultimately, the Virgin Atlantic campaign highlights the importance of harmonising workplace codes and policies with anti-discrimination legislation. Employers should aim to create working environments that embrace the range of individuals in that workforce. In light of this, we have set out some considerations for employers to ensure that appropriate standards are set in the workplace.
Practical considerations
When considering whether to put in place a dress code policy, we recommend that the following is taken into account:-
- Where dress code policies are required to set a clear standard about appropriate dress in the workplace, criteria imposed should be equivalent across all employees regardless of gender, identity or gender expression.
- Dress code policies should be kept gender neutral as far as possible.
- It is good practice to provide employees with the reasoning behind new or additional dress code requirements. Employees, staff organisations and trade unions should be consulted, where possible, to ensure that policies are understood and acceptable for that organisation.
- Personal circumstances should be taken into account when enforcing policies, such as reasonable adjustments for those with disabilities, or religious and cultural practices.
Our award-winning Employment team are experienced and well versed at supporting employers to implement changes in their workplace to better support employees. Please do get in touch with our experienced team if you have any queries.
This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter
