Wednesday, 08 June 2011 18:49

DRESS CODES (JUNE 2011) -

Tie

Summer’s here – let’s get naked


The temperature only has to go up by a few degrees before people start peeling off the layers. Outfits that are ideal for hot weather might not be appropriate for your workplace. So why is it so important to lay down some ground rules?

Getting hot in here


We don’t often see really hot weather here; when we do people understandably want to make the most of it. For some, this involves wearing a lot less clothing. The ladies are (usually) the worst “offenders” – skirts get shorter and tops get lower – and some of the gents may prefer to ditch their shirts altogether.

 

It’s not a party


This attire (or lack of it) is perfectly fine for the beach or garden, but it’s a no-no for workplace – even if the employee is unlikely to come into contact with your clients and customers. But if this isn’t a risk, why should you stop staff from having “too much on show”? Surely this just makes unnecessary work for you?

 

A matter of justification


Firstly, there are health and safety issues. Summer footwear; e.g. flip-flops and sandals, are not only unsuitable for certain working environments, they can attract injuries due to inadequate protection. The “shoeless” look is just as dangerous – we recently heard about an employee who walked barefoot around the office and ended up with a drawing pin in her foot. Not pleasant.

 

Duty of Care


That aside, you also have a duty of care to protect your employees from harassment. This has a very wide definition, but in simple terms it’s any “unwanted or uninvited behaviour”. It doesn’t just mean touching either - comments about an individual’s appearance can count, particularly if they are of a sexual nature.

   That’s a nice pair

So, if one of the girls comes in wearing a dress that leaves little to the imagination, it’s quite plausible that an “appreciative” remark or two may follow. But she might not see it that way, and you could end up with a grievance on your hands!

 

Tip. The solution is to lay down some ground rules in a dress and appearance policy. You can tailor it to meet the individual needs and environment of your business; that way everybody is protected.


Note You can’t generally justify different dress requirements for men and women. In Department of Work and Pensions v Thompson 2004 the Employment Appeal Tribunal said employers can insist that male employees wear a collar and tie if it’s the only way of achieving equivalent levels of smartness for both sexes – but this is unlikely to be the case in the vast majority of situations.

 

What if they won’t comply?


But suppose an employee refuses to adhere to your dress code, or your interpretation of “unsuitable” doesn’t match theirs (often a problem with younger members of staff). What then? A quiet word in private should do the trick. If this doesn’t set them on the right lines, or they intentionally flout your policy, then you can commence disciplinary action.

Tip. Before doing so, give them adequate time to improve their appearance, e.g. one week, this will help show that you’ve acted reasonably.


Not only are there health and safety issues to consider, e.g summer footwear can lead to injuries, lack of attire, e.g. shorter skirts, can invite unwanted attention and comments. This leaves you vulnerable to an allegation of harassment. Adopt a dress and appearance policy so that staff knows what standards you require.

 

Source and Ref: © 2010 Indicator Limited