Employment eBulletin July 2010

Dress code in the workplace

Summer Attire
With the summer months upon us, it may be tempting for employees to go to work in slightly more casual dress. However, standards should not necessarily change with the seasons and it is not unreasonable to expect employees to continue to dress in a formal way should the employer require this.

However, some employers may consider relaxing their dress code during the hotter weather, for example, allowing employees to wear smart/casual footwear to work (health and safety permitting) or not having to wear ties when not dealing with customers. Whichever route employers decide to take, they should remind their staff of the dress code in place.

If employees then ignore the dress code, employers may wish to consider issuing a warning through the disciplinary process.

Burkas uncovered
With France's lower house of parliament overwhelmingly approving a bill that would ban wearing the Islamic full veil in public, the British press has been speculating whether or not the British government will follow suit.  With the current equality legislation in place and the introduction of the Equality Act this October, it is unlikely that this will happen. 

It is debateable whether the wearing of the burka is a religious requirement or if it is a cultural one.  Nevertheless, employees choosing to wear the burka are likely to be afforded protection under current and future legislation as the wearing of the garment is likely to relate to an individual’s religion or at least their belief. 
Therefore employers should not discriminate against those who wear burkas during the recruitment process or once they commence employment.  It is only lawful for an employer to treat people differently if it is a genuine occupational requirement of the job. 

Employers are reminded that although they can usually dismiss an employee with under one year of service simply with notice, claims against the employer for discrimination can be made without any service requirement.

Tribunal claims on the rise

The Tribunals Service has published its annual statistics for 1 April 2009 to 31 March 2010 which reveal that claims have increased by 56% from the previous year.  Due to the sharp rise in claims, Tribunals are struggling to keep up with the workload resulting in an increased backlog of cases.  Unfair dismissal claims rose by 8%, claims for unauthorised deductions from wages increased by 54% and breach of contract claims increased by 23%.  However, there was a decline of 65% from the previous year for claims made or failing to inform and consult on redundancy.  Of all the claims disposed of, 32% were withdrawn, 31% were settled through ACAS and nearly 13% were successful at tribunal which is virtually the same as last year.

With claims on the rise, it is important that all employers take care when dismissing an employee, when dealing with any grievance raised by an employee and also, they should ensure employees receive any payments they are contractually or statutorily entitled to.  Employers are also reminded to be aware of the ACAS Code of Practice on handling disciplinaries and grievances and to ensure company policies are up-to-date, maintained, communicated to all employees and reviewed.

If you would like more information on any of the articles covered in this employment eBulletin please contact Suki Harrar or Ian Besant.