While much of the attention has focused on political symbols, employers should take the opportunity to review their approach to religious dress policies as well.
Religious dress and the Equality Act 2010
Religion or belief is a protected characteristic under the Equality Act 2010. This means that employers must not discriminate against employees because of their religion or belief, including through dress code policies.
Religious dress may include items such as:
- Headscarves or hijabs
- Turbans
- Kippahs or other religious head coverings
- Religious jewellery or symbols, such as crosses
- Other clothing worn for religious reasons.
A workplace dress code that prohibits or restricts such items may amount to indirect discrimination if it places individuals of that faith at a disadvantage that cannot be objectively justified.
Courts have considered several cases involving religious dress and symbols at work, including the well-known case of Eweida v British Airways. These cases demonstrate that employers should carefully consider requests relating to religious expression and ensure that any restrictions are based on genuine business needs and applied proportionately.
Can employers have dress codes?
Yes. Employers are entitled to introduce dress code policies where there is a legitimate business reason for doing so.
Common reasons include:
- Health and safety requirements
- Hygiene standards
- Security considerations.
Any restriction should be proportionate, applied consistently and supported by a genuine business need.
For example, a requirement to remove loose clothing around machinery for safety reasons is likely to be justified.
Assessing requests fairly
Employers should aim to accommodate religious dress where possible while maintaining legitimate operational requirements.
Before enforcing a dress code requirement, employers should consider the reasons for the policy, the impact on the employee and whether any practical adjustments or alternatives are available. A blanket approach may increase the risk of complaints, grievances or discrimination claims.
Open dialogue is often the most effective approach, and many issues can be resolved through constructive discussion. Employees should feel able to explain the significance of a particular item of clothing or symbol, while employers should be prepared to consider individual circumstances and business needs.
Where concerns do arise, each situation should be assessed on its own facts rather than through assumptions or stereotypes. Taking the time to consider requests fairly and consistently can help employers comply with their legal obligations while fostering a respectful and inclusive workplace culture.
Political expression and religious expression
It is important to distinguish between political expression and religious expression.
Political badges, symbols or slogans may be subject to restrictions where an employer has a legitimate reason for doing so, particularly in public-facing roles or where neutrality forms part of the organisation's professional standards. Employers may also seek to minimise the risk of workplace conflict or protect relationships with customers, service users and colleagues.
Religious expression engages legal protections under the Equality Act 2010 because religion and belief are protected characteristics. As a result, employers should take particular care before imposing restrictions on religious dress, jewellery or symbols. Employers should be able to demonstrate a genuine business justification for any restriction and consider whether less restrictive alternatives are available.
Clear policies, consistent application and careful consideration of individual circumstances can help employers balance their operational requirements with their obligations under equality legislation.
Points to consider
Employees should ensure they familiarise themselves with company dress code requirements, raise concerns at an early stage, respect colleagues with different beliefs and backgrounds, and follow reasonable and lawful management instructions.
Employers should review current dress code policies and consider whether the introduction of one is necessary. A successful dress code policy can help ensure employers remain legally compliant, clear and inclusive.
Employers should ask:
- Is the policy based on genuine business need?
- Are the restrictions proportionate?
- Is the policy applied consistently across the workforce?
- Do managers understand the policy and know how to apply it fairly?
- Have individual circumstances been considered where appropriate?
Ultimately, a well-drafted dress code is not simply about appearance – it is about creating a professional, respectful and inclusive working environment for everyone.
How TWM can help
A poorly drafted or inconsistently applied dress code policy can expose employers to grievances, discrimination claims and reputational risk.
Our Employment Law team regularly advises businesses on drafting and reviewing workplace policies, managing employee relations issues and ensuring compliance with equality legislation. We provide practical, commercially focused advice to help employers implement clear, fair and legally compliant workplace standards.
For advice on dress code policies, religious expression in the workplace or any other employment law issue, please contact a member of our Employment Law team.