27
May 2016
High heels at work
A worker supplied by an agency to work on the reception desk of a leading tax and accountancy firm in London was asked to go home when she refused to wear shoes with a heel of between 2 and 4 inches.
The worker in question has arranged a petition which now has over 100,000 signatures. The aim of the petition is to ban employers from requiring workers to wear heels at work. Due to the media coverage of this story, the issue of dress code is a topic employers should consider carefully, especially in light of this public response.
This particular case highlights the issue of whether the requirement for women to wear high heels is discriminatory; however there are other legal issues to consider. Case law has previously considered challenges to strict dress codes, mainly in relation to religious freedom.
Employers can require that women and men dress to an equivalent standard even if the dress codes are different. For example, an employer may require men to wear shirts and ties, and women appropriate business attire. Therefore, potentially on this basis high heels may be a justified requirement of an employee for women’s’ dress.
An employer requiring women to wear high heels may, however, be open to discrimination claims where different dress codes for men and women apply, especially where it is not an essential component of the role and there is not an equivalent standard for males. Other issues may also come into play in the case of high heels; for example, a female employee may be unable to wear heels due to a disability.
It is important for employers to keep their dress code under review. Any complaints or grievances should be dealt with appropriately. Employers should be ready to deal with matters sensitively and should be prepared to update the policy if required. The conciliatory body ACAS also provides useful guidance to employers in respect of dress code requirements and policies.
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