Dress codes are lawful. They are also easy to get wrong.
- HRNews
- 5 days ago
- 2 min read
Employers set dress codes for professional appearance, for consistency, or for health and safety reasons. All of that is perfectly lawful. The risk sits in how the policy is written and how evenly it is applied.
What does it mean for you?
Apply it equally. Gender specific rules, such as expecting female staff to wear heels or make up, risk a sex discrimination claim. Neutral wording such as "business dress" or "professional dress", with a short description of what that means in practice, is a safer approach.
Think about disability. Under the Equality Act 2010 you must make reasonable adjustments. That might mean more comfortable footwear, adapting a uniform around a medical device, or allowing alternative clothing that helps someone stay cool. Ask the person rather than guessing.
Be careful with religious clothing. A blanket ban on headscarves, turbans or crosses risks indirect discrimination unless it is a proportionate means of achieving a legitimate aim. Genuine health and safety concerns, such as loose garments near machinery, can justify a restriction, but it must apply to everyone and not single out one faith. Customer preference on its own is not a legitimate aim.
Political badges can be restricted if you are maintaining a neutral image, but the rule has to apply to all viewpoints equally, not just the ones you disagree with.
Build in flexibility for temperature. There is still no maximum workplace temperature in Great Britain. The HSE code of practice sets a minimum, normally at least 16 degrees, with a lower figure where work involves severe physical effort. In May 2026 the Climate Change Committee recommended maximum working temperature regulations in its report A Well-Adapted UK, without naming a figure. The Government has since confirmed the HSE will consult during 2026 on the Approved Code of Practice for the Workplace (Health, Safety and Welfare) Regulations 1992, including the temperature provisions.
Nothing has changed in law yet. But a dress code with no room to relax when the air conditioning fails is storing up a problem.
How Lansbury HR can help.
We can draft or review your dress code so it is clear, inclusive and defensible, support you through an adjustment request, and give managers practical guidance for hot weather before the next heatwave arrives. Get in touch with the team at Lansbury HR.
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