Firms should watch out for summer dress code discrimination!

As women cool down in spaghetti-straps and flip flops in offices around the country this week, employers failing to enforce gender neutral dress code policies could be at risk of sex discrimination claims from men forced to swelter in suits, according to research by UK experts in workplace issues, Croner.

‘Sartorial discrimination’ is a widespread problem this summer, with over half of employees (55%) polled for Croner by YouGov saying that women ‘get away’ with more casual clothing than men to keep cool. This is compared to a mere three percent who think men are given more leeway to dress down when the weather heats up.

Croner says that, with such a high proportion of employees surveyed recognising a gender divide when it comes to dress code leniency, employers should prepare for potential complaints, or even claims of sex discrimination, from disgruntled male workers for not implementing an equal dress code policy.

Only twenty-five percent surveyed thought that both men and women flout dress code rules equally in the summer, while eight percent thought the weather made no difference to office attire.

The problem isn’t confined just to the summer months either, with 41% agreeing that women stray the most from ‘smart’ dress code all year round – compared to only five percent thinking the same of men.

And while a similar number of women (50%) to men (60%) acknowledge that more females flout dress code rules in the summer, far fewer women (33%), compared to half of men, agree it’s a year-round issue.

Richard Smith, employment services director at Croner says: “While it can seem relatively harmless to some people, an unequal dress code policy can have serious implications on business, affecting employee morale, increasing tension and potentially leading to complaints of discrimination. If employers are going to allow women to wear summer spaghetti-strap tops and flip flops, they must make equal allowances for men to relax the rules.

“What this means in practice is that employers must have a clear dress code policy that is enforced equally for both men and women. If dress code rules are relaxed in the summer, employers should state what is acceptable attire taking care to ensure equal provisions for men and women. They should also make it clear that failure to adhere to the code could lead to disciplinary action.”

Croner is providing six ground rules for employers to follow to avoid sartorial discrimination:

• Employers can prescribe a dress code that is appropriate for the work involved, e.g. for safety and hygiene reasons
• Employers can require staff who come into contact with the public or other organisations to conform to a dress code which will enhance the public image of the employer and facilitate its business
• Employers must act reasonably, balance the needs of the business with the rights of employees, and get the principles of the code right so that it genuinely reflects a business need, and is neither arbitrary nor discriminatory
• The dress code needs to be spelt out in a clear policy which is transparent and understood by all
• The code must be enforced in a consistent and proportionate way.

Following these guidelines should minimise the risk of legal action, as highlighted in the Employment Appeal Tribunal case between civil servant Matthew Thompson and his employers, Jobcentre Plus in Manchester. He claimed sex discrimination on the grounds that he was expected to dress formally and wear a collar and tie, whereas his female colleagues were allowed more flexibility in terms of dress code.

Smith says: “The Jobcentre case illustrates that employees may try and make a claim if the company dress code appears more lenient toward a particular gender. We are advising businesses to consider their existing policy and revise if necessary – especially as our research suggests the warmer weather could spark more complaints.”