Managing The Conflict Between Dress Policy And Personal Beliefs At Work

One of the most contentious areas of workplace policy is the conflict that can arise

between a company's appearance policy and the personal or religious beliefs of employees. While employers often desire a relatively strict policy to ensure that staff members are professionally and appropriately dressed, employees may display offense if they feel that their capacity for self-expression is being limited. Furthermore, an appearance policy that too stringently constrains religious expression could lead to charges of religious discrimination being brought against a company.

But what are the basic legal guidelines surrounding the conflict between appearance policy and religious/personal beliefs? A fundamental point to consider is that workplace dress and appearance policies should only be put in place if they can be justified in terms of the role. If an employer requires its staff to dress smartly for the sake of creating a professional workplace culture or because employees will come into regular contact with clients and customers, then a clear dress policy is appropriate. Similarly, if certain standards of dress are required for the sake of security or health and safety, then employers are justified in requiring strict dress standards from their employees. However, if an appearance policy cannot be clearly justified as part of the requirements for a position, then an employer may be vulnerable to an accusation of indirect discrimination.

If the employer has a clear need for a certain standard of dress or appearance and this legitimately conflicts with the employee's religious or personal beliefs, then the best approach is often to look for a compromise. As ACAS, the workplace arbitration service, recommend, the key question is how far the employee's preferred dress will impact on their ability to do the job. For example, in the case of male employees who wear a beard as part of their religious practice, there is often a clear distinction about when a compromise is possible. If it is case of the employee needing to maintain a professional appearance, then a beard will not necessarily be an impediment if it is properly presented. However, in a catering environment, the beard may pose hygienic risks and actively impact on job performance, meaning there is no impetus on the employer to look for a compromise.

This key criteria of impact on job performance' can be used to assess a number of possible conflicts, whether it's the wearing of religious symbols, headscarves or other accessories. If the employer can clearly show how the dress affects ability to do the job, then they are justified in asking for a concession from the employee. However, it's vital that employers educate new and existing employees about workplace appearance policy and apply the policy consistently in order to facilitate buy-in from staff. If employees understand the rationale behind the policy and see it fairly applied, then feelings of discrimination are likely to be mitigated.

Of course, there are benefits that the employer can enjoy as a result of accommodating employee religious or personal beliefs. If employees feel that they can express their beliefs without constraint, then this is likely to have a positive impact on workplace morale and consequently productivity. As always, employers should try to strike a balance between the requirements of the role and the preferences of their workers in order to create an effective, harmonious workplace environment.

by: Matt Crumble

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