A police officer has brought a sex discrimination claim against the Police Service of Northern Ireland over a ban on facial hair. This followed a change of policy for officers required to wear respiratory protective equipment as part of their duties. The officer alleged that the requirement to be clean shaven was disproportionate, whilst the police service argued it was for safety reasons as beards prevent protective face masks from working effectively.

This follows another case of a woman being sent home without pay for not wearing high heels. After an online petition gained more than 150,000 signatures, the Government published guidance on dress codes and discrimination.

So what are the dos and don'ts concerning dress codes and sex discrimination?

• Employers are generally free to set whatever reasonable dress code or uniform policy they wish as long as it does not discriminate.

• It is not necessarily discriminatory to require women and men to dress or present themselves differently, as long as the level of smartness is equivalent by reference to the social norms of the day.

• Where elements of a dress code apply to everyone equally but have a disproportionate impact on one gender, ethnic or national group or religion, employees may seek to allege that the code is indirectly discriminatory. In such cases, it is possible for employers to justify their position as a proportionate means of achieving a legitimate aim, for example the health and safety of their workforce in the Northern Ireland police case.

• Although it is not a legal requirement, Watford employers might want to consult with employees before introducing a dress code and should be ready to consider exceptions if an employee feels disadvantaged due to a protected characteristic.

  • Michael Delaney is an employment law Partner at award-winning law firm VWV, with offices on Clarendon Road, Watford.