SEX discrimination claims often arise out of situations where an employer insists upon different dress codes for men and women.

In the latter part of last year, a decision by the Employment Tribunal that a man working in a JobCentre could not be required to wear a collar and tie resulted in similar claims by 6,950 other men.

His point was that while he as a man was expected to conform to a certain standard of business dress, his female colleagues could wear whatever they liked, including T-shirts with logos.

The tribunal agreed that this amounted to discrimination because the men were treated less favourably than the women.

It is fine in principle to argue that dress rules are necessary in projecting a smart and business-like image, but that argument is much less effective in relation to employees who carry out back office duties and do not come into contact with the public.

As a result of a successful appeal to the Employment Appeal Tribunal, it is now clear that:

* An employer may insist that employees must dress in accordance with a specific code;

* The code can specify that men wear a collar and tie, or that women wear particular types of clothing.

Provided a dress code sets out equivalent standards of "smartness" for both men and women, the precise rules applicable to each sex may be different.

As a result, an employer can require women to wear skirts in the same way that it may also require male employees to have short, tidy hair and to remove earrings while at work.

A dress code is only likely to be discriminatory if a different level of smartness is required of men or women doing a similar job.

A man cannot simply complain that he is the subject of discrimination by being required to wear a tie when women are not required to wear a tie, if women are required to dress at an equivalent level of smartness as can only be achieved, in the case of men, by wearing a tie.

* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 20/01/2004