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8 Apr 2025 22:02
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  •   Home > News > International

    Here's what's reasonable when it comes to a workplace dress code

    Experts explain what's reasonable when it comes to a workplace dress code and how enforceable they are.


    Catherine Jia remembers two emails being sent to staff at her last job addressing dress code. The first took aim at sneakers. The second, denim.

    Despite this, she says she often experimented with what was appropriate in her office.

    Until recently, she worked in the building and construction industry in "client-side project management". It was office-based with the occasional site visit, she says.

    Catherine, who lives on Gadigal land in Sydney, left the job and the industry in January.

    As someone who is passionate about sustainable fashion, she tried her best to incorporate all her clothing into work wear.

    So, can workplaces tell you what to wear? And how enforceable are directives about what you wear to work?

    Why some workplaces have a dress code? 

    Cecilia White is the director of human resources and recruitment firm Perks People Solutions, based in Adelaide on the traditional lands of the Kaurna people.

    She says dress codes — rather than uniforms — tend to apply in industries where an employee interacts with customers or clients, such as professional services or retail.

    Ms White says a workplace's dress code policy should be in writing.

    "We certainly recommend that when employees start … they're given the handbook, or they're shown where the policies can be accessed."

    You can ask a manager or the human resources department if your workplace has a policy.

    How can a dress code be enforced at work? 

    Roxanne Hart, a senior lawyer at commercial and employment law firm Hart & Co in Naarm/Melbourne, says dress codes are normally dealt with in a policy so they can be updated.

    "Typically, the employment contract says the employer can implement policies," she says.

    Even without a policy or written contract in place "employers are still allowed to give employees lawful and reasonable directions," Ms Hart explains.

    "Courts have found previously that that can extend to dress, so long as it relates to a person's employment."

    What's reasonable for an employer to enforce? 

    Ultimately, it depends on the role.

    While an employer can dictate a professional dress code, Ms Hart says they can't discriminate between genders.

    "Nowadays we wouldn't see [a condition that women wear heels] in most dress codes, and if we did it would be difficult to enforce."

    An employer might find sandals in the office too casual, but they couldn't instruct a woman to wear heels rather than the professional shoes men at work are wearing, she says.

    Ms White also says employers can't enforce a dress code policy that "may have a discriminatory effect".

    "In South Australia, for example, we have a law which says that you can't have a dress code policy in place which prevents someone from wearing a certain item of clothing or jewellery … related to their religion," she says.

    There are some workplace health and safety exemptions, she caveats, but "the default is that people should be allowed to express their religion in their workplace".

    Can you be fired for breaking the dress policy? 

    Yes, but not without warning.

    Ms White says If someone is not presenting themselves in line with the policy, their supervisor, manager or someone from the human resources department will likely have a conversation with them first.

    Persistent breaches may result in another conversation and then perhaps a verbal or written warning. It could escalate and become "grounds for termination" if someone is "refusing to follow a lawful and reasonable direction".

    Ms White says this is assuming the employee is aware of the dress code policy and that it is reasonable. An employer should also be enforcing it consistently.

    Ms Hart says an employee could make an unfair dismissal claim if they believed the "termination was harsh, unjust or unreasonable."

    She adds that a general protections claim may be appropriate if someone felt the "decision to terminate [them] was discriminatory".

    Rebel with caution

    Catherine Jia is now working in content creation and vintage fashion, but says she understands the need for dress codes in some industries.

    She says she did rebel a bit to incorporate more of her own personal style into work week.

    "I would always go in more professional and then see what everyone else is doing and get the vibe from there," Ms Hart says.

    She says you could negotiate with an employer to wear a particular item or style, but consider the potential impact.

    "In my experience, if employees are not complying with the dress code and causing issues, an employer may well look to get them out."


    ABC




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