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Hybrid workingLatest NewsFlexible workingDress codesWorking from home

Does the ‘new normal’ mean a new dress code?

by Menna Chmielewski 10 Sep 2021
by Menna Chmielewski 10 Sep 2021 The past 18 months has seen a transition to more relaxed attire, but what does this mean for office dress codes?
Shutterstock
The past 18 months has seen a transition to more relaxed attire, but what does this mean for office dress codes?
Shutterstock

As many employees returned to the office for the first time this week, organisations may be thinking about how they adapt dress codes to reflect new hybrid working habits. Menna Chmielewski lists some of the key considerations. 

Working from home for over a year, many of us have got used to our own, more flexible, standards – from when and how we work, to what we wear. But as we return to the office, have our expectations changed forever, and what does this mean for the office dress code?

A recent survey has shown that 28% of people in Britain wish to ditch formal office attire and even smart casual from the work dress code.

The BBC reported in January that clothes sales had slumped by 25% in the previous year and although demand increased for certain types of clothing, such as loungewear and pyjamas, the business fashion sector was one of the hardest hit.

Though office dress codes tend to differ by profession, office wear has been a relative constant over the years with some firms requiring “business professional” attire while others opt for “business casual” (permitting employees to lose the jacket and tie).

Dress down days

Even before the Covid-19 pandemic, however, we saw a shift to a more relaxed environment with tech companies setting a new standard for everyday wardrobes and the implementation of “dress down Fridays”.

Investment bank Goldman Sachs relaxed the dress code for its technology division in 2019 and later that year introduced a firm-wide flexible dress code, with employees asked to “dress in a manner that is consistent with your client’s expectations”.

Dress codes

Dress and appearance policy 

What can an employer do if an employee refuses to comply with a dress code? 

Covid has changed people’s views on office wear even further, with comfort and convenience becoming the main priorities.

At the start of the pandemic, it was a challenge to adjust to working from home. Some employers initially suggested that employees dress as they would in the office and keep up their usual routine; psychologists suggested this could help to set mental boundaries when at home.

Video nasties?

Over the last year we have seen such approach take a back seat in favour of more relaxed and comfortable attire.

But with the use of video platforms as the setting for meetings (we have all heard the Zoom horror stories), employers face growing concern at how casual some employees dress on video calls.

It is important to maintain some form of dress code and employers should consider setting rules on the appropriate dress for home working, especially where this involves virtual client meetings.

We are also seeing many companies shift to policies that will continue to permit hybrid working following the pandemic with staff permitted to work some days at home and some in the office.

As video platforms will continue to play a central role in the hybrid working, this is likely to further blur the lines of where relaxed work wear begins and ends.

People will need fewer clothes designed specifically for the office and it is likely any clothes they do invest in they will want to be adaptable to all working environments.

Setting boundaries for standards of dress, together with clear communication of this, will be essential going forward.

What to consider

Dress code policies can help encourage an appropriate standard of dress and set guidelines to promote a positive and professional image. Such policies also provide clarity for employees.

However, there are employment law issues that organisations need to be aware of. In particular, when devising a dress code policy, employers need to pay careful attention to the content of the policy to strike the right balance between meeting business needs and not creating issues in the workforce. Here are some key considerations for employers:

Ensure that any code is non-discriminatory.
Many employees may want or feel obliged to wear certain items for religious reasons, such as turbans, hijabs, crosses or bangles. However sometimes these wishes conflict with an employer’s dress code and consideration needs to be given to whether a potentially indirectly discriminatory dress code can be objectively justified.

If you already have a dress code policy in place, the return to work will serve as a good opportunity to review that policy and check it is in line with the current circumstances and those moving forward.

Apply the policy equally. While it is permissible to have different rules for men and women, the rules should not be more stringent for one group than another. Government Guidance from 2018 confirms that equivalent standards should be imposed on both genders and that it is best to avoid “gender-specific requirements” such as the requirement for women to wear make-up or high heels.

Be flexible and reasonable. Consult with employees to ensure that the policy is acceptable. Some items of clothing will never be appropriate for the workplace; however, allowing men to remove a tie and/or jacket may be reasonable, particularly when it is hot. Additionally, although employers may wish to set a home working dress code, they should seek to reach an agreement with employees.

It might be that different dress codes are appropriate depending on the work the employee has that day, for example attending a client meeting (whether in person or at home) may require different guidelines compared to when an employee is working from home without such meetings or if they are in the office.

Consider health and safety concerns. It might be that employees are required to use certain equipment (for example, for protective purposes) given the nature of their work, and relaxing a dress code policy is simply not possible.

If you already have a dress code policy in place, the return to work will serve as a good opportunity to review that policy and check it is in line with the current circumstances and those moving forward.

As mentioned above, the dress code policy may need to address various different circumstances to encompass the new hybrid way of working. Additionally, it is essential that the dress code policy and any changes are clearly communicated to employees.

Individual tastes

Finally, it is important to note that for some employers and employees, business attire will retain its attraction post-pandemic. Recent surveys show that there is a group, although in the minority, who look forward to returning to formal dress codes. Conversely others will demand a more comfortable style.

There will likely be a shift to more flexibility and greater choice of what to wear, as well as dressing for the requirements of the job.

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In this case, it may be that a minimum standard of dress or what not to wear therefore becomes the focus. As ways of working and where we work become more flexible, shouldn’t the dress code become more flexible too?

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Menna Chmielewski

Menna Chmielewski is a solicitor in the Employment team at Blake Morgan

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