Dress code enforcement

Dress code enforcement and the requriement to avoid discrimination has raised well publicised conflict. An Appeal Court ruling, which is yet to be appealed again in the Supreme Court, has found that BA was not indirectly discriminating against an employee who wore a crucifix.

However, legal views are divided on the implications for employers. Some hailed it as a sensible interpretation of indirect discrimination legislation, which means employers can be confident in imposing dress codes that ban religious symbols and practices not clearly required by a religion. Others were less confident. While the ruling is clear that employers do not need to cater to the personal beliefs of individuals, they must still ensure that dress codes do not negatively affect member of a particular faith. If a dress code does disadvantage a particular group, the employer must consider if it is justified and proportionate to achieve a legitimate aim.