Questions often arise about whether an employer can enforce a dress code on employees. And the answer is – there is no simple answer. As with so many legal matters, the answer is influenced by the facts and the circumstances of each particular case. This article will attempt to provide some guidance.
Consider first, a workplace with a collective agreement governing a unionized workforce. A dress code is viewed as any other rule which management wishes to implement. It cannot be inconsistent with any provision of the Collective Agreement, it must be reasonable, it must be known to the employees and it must be enforced consistently. In assessing the reasonableness of dress codes, arbitrators balance the rights of employees and the rights of employers. Arbitrators recognize the right of the employer to require dress that is safe for the work being performed and also recognize that employers have the right to protect the image they wish to establish for their companies in order to promote their business interests.
The employee also has rights which come into play, especially where the dress or appearance the employer wishes to impose on the employee has an impact beyond the work place. Therefore rules against beards, facial jewelry, tattoos and so on, are often struck down by arbitrators since such rules intrude into employees’ lives outside of work. Arbitrators have required strong business justification, and solid evidence supporting that justification, from employers to support the validity of such rules. At the other end of the spectrum, where the dress code requires a uniform supplied by the employer to be worn, there are seldom issues raised about reasonableness, unless the “uniform” puts the employee in an embarrassing position – such as overly skimpy outfits for bar attendants.
While constraints do not exist to the same degree in non-unionized workplaces,