What does the law say about tattoos in the workplace? asks Joanne Holborn of Knights legal and professional services.
As a general rule employers can make hiring and firing decisions based on body art. Tattoos are not a protected characteristic under the Equality Act 2010 and therefore employees are not protected from discrimination. However, employers may face potential age discrimination claims, as younger individuals are more likely to be inked.
Also, as competition for talent increases some employers are relaxing their approach to visible tattoos.
If an existing employee, decides to be inked and the employer was unhappy with the result, they would have to follow a fair process to terminate the employee’s employment and have a good business reason for their decision. Factors and Employment Tribunal would potentially consider would include:
- whether the employee had breached an existing company policy;
- the nature of the tattoo;
- whether concealment was possible;
- the reason for the tattoo;
- whether the employee’s role is public facing;
- the employee’s length of service etc.
Employers should ensure a consistent approach to dealing with inkings.
What about a policy?
Employers may want to consider whether they require a policy on body art (including piercings and implants), which could be a stand-alone policy or part of a wider dress code policy. With many more people now being inked and given the current issues with recruitment, employers may risk losing out on potential candidates by placing a blanket ban on e.g. visible tattoos. Employers could instead consider some restrictions, such as a ban on facial or neck tattoos for customer facing roles.
Need further assistance?
If you want to discuss your current dress code policy and making changes to it, a stand-alone policy on tattoos, piercings and implants or need help updating or introducing any other company policies, please do not hesitate to contact our Employment team on 01228 552600 or 01524 548494. You can also call us if you need any other assistance with employment related issues.
Photo by Ritual Visuals on Unsplash
