earrings in the workplace law

However, certain state or local laws (e.g., California) may require that employers permit employees to appear or dress consistently with their gender identity or expression (e.g., a male employee who identifies as female may be allowed to wear earrings since that meets the employer's appearance policy). Your browser does not allow automatic adding of bookmarks. Particularly where male employees do not come into contact with members of the public or clients of the employer, employers may find a dress code that prohibits men from wearing earrings difficult to defend if challenged in an employment tribunal. Your IP: 104.236.120.249 There is no law about what these procedures must be, as long as they address the seven principles set out in the Regulations. In addition, some chemicals, particularly chlorine and ammonia, can damage silver or gold jewelry. Employers that wish to enforce a dress code that prohibits male employees from wearing earrings should be aware that such a rule could be held to constitute sex discrimination. An employer may adopt a personal appearance policy to support its desired public image, including prohibiting male employees from wearing earrings. View our privacy policy, privacy policy (California), cookie policy and supported browsers. Use of the service is subject to our terms and conditions. The materials and information included in the XpertHR service are provided for reference purposes only. Food retailers must by law have in place procedures to manage food safety, based upon the principles set out in Article 5(2) of the European Community Regulations. In Jarman v The Link Stores Ltd [2004] ET/2505091/03, a male employee was disciplined for refusing to remove his earring and successfully argued that this amounted to sex discrimination. Exceptions to the policy may need to be made in order to accommodate an employee's religious belief or observance (including religious dress and grooming practices), medical condition or disability (e.g., it may be a reasonable accommodation to allow a male employee to wear earrings if there is a conflict between the policy and the employee's religious beliefs or practices). Please press Ctrl/Command + D to add a bookmark manually. Use of the service is subject to our terms and conditions. View our privacy policy, cookie policy and supported browsers. They must be ‘equivalent’, which means that you can’t expect women to wear formal black shoes whilst you allow men to work in their trainers, but that men and women don’t need to have exactly the same workplace … Risk Management - Health, Safety, Security. The present state of the law allows employers to impose grooming restrictions or rules which may prohibit men from wearing earrings, piercings and even tattoos. Please press Ctrl/Command + D to add a bookmark manually. Reed Business Information Limited trading as XpertHR is an Appointed Representative of Markel International Insurance Company Limited trading as Markel Legal Expenses Insurance which is authorised and regulated by the Financial Conduct Authority. Another way to prevent getting this page in the future is to use Privacy Pass. Some require clothing styles, color, etc. It is also arguable that a requirement for men not to wear earrings at work may contravene art.10 of the European Convention on Human Rights (the right to freedom of expression), when taken together with art.14 (the anti-discrimination right). Places that do metal plating or that work with nickel or manufacture stainless steel tend to discourage their employees from having piercings or body jewelry because the employee runs the risk of sensitivity to the metal over time (nickel is the most common) and … They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Some employers do not allow facial hair or hair worn at a specified length. As yet there have been no cases decided on this basis. I agree with my colleagues. • Cloudflare Ray ID: 5ea1620be92b0ccd It is also arguable that a requirement for men not to wear earrings at work may contravene art.10 of the European Convention on Human Rights (the right to freedom of expression), when taken together with art.14 (the anti-discrimination right). If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Discover the power of our expert insight, trusted resources, data analysis and practical tools today. • The Seven Principles: HACCP If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. The position under current case law is that an employer can enforce a dress code requiring different styles of appearance between men and women, provided that the employer applies a comparable or equivalent standard of smartness and conventionality for both sexes (Smith v Safeway plc [1996] IRLR 456 CA). Author: William Denham, Shortt & Nguyen, PC. Performance & security by Cloudflare, Please complete the security check to access. Access the Coronavirus Job Retention Scheme, Employment tribunals and dispute resolution. For example, an employer might prohibit men from wearing jewelry and make-up while allowing women to do so, or it might require men to wear slacks and women to wear skirts. All appearance requirements should be clearly outlined and communicated to all employees and supervisors. However, certain state or local laws (e.g., California) may require that employers permit employees to appear or dress consistently with their gender identity or expression (e.g., a male employee who identifies as female may be allowed to wear earrings since that meets the employer's appearance policy). As yet there have been no cases decided on this basis. Your employer can tell you that too, even if dresses are allowed for female employees. According to the law, however, dress codes can be different for men and women. However, attitudes towards what may be regarded as conventional or acceptable dress in the workplace are not static and it may be increasingly difficult to argue that different rules for male and female employees are not discriminatory. Jewelry can create several safety hazards for those working around chemicals. Yes. The same goes for prohibiting men from wearing dresses. You may need to download version 2.0 now from the Chrome Web Store. A spilled or splashed caustic chemical can get under a ring or watchband, burning or irritating the skin. The materials and information included in the XpertHR service are provided for reference purposes only. Your browser does not allow automatic adding of bookmarks. There is no law as of 2011 allowing you to wear earrings. Any appearance requirements should be based on a legitimate business need (e.g., public image, safety) and should be applied to all employees uniformly. 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