Labour Research August 2006

Law Queries

Dress code

Q: Our employer insists that all its male staff wear ties, even in this heat. Women don't have to wear them. Is this sex discrimination?

A: Possibly. In a test case brought by public services union PCS on behalf of around 8,000 members who worked for JobCentre Plus, the Employment Appeal Tribunal (EAT) held that a requirement for men to wear ties could - but does not necessarily - amount to discrimination.

JobCentre Plus had a "smartness code" stipulating that men must wear ties. The EAT said that the correct question to ask was whether the men could only achieve the required level of smartness by wearing ties. As a result of the decision, PCS was able to settle the claim and the JobCentre Plus collar-and-tie rule was abolished.

In your workplace, you will need to establish what policy has been agreed and what its purpose is. If there is no good reason for your employer to insist on men wearing ties, you could have grounds for a sex discrimination claim.

Department for Work and Pensions v Thompson UKEAT/ 254/03. The decision is available on the EAT website at www.employmentappeals.gov.uk