Tattoos can be a grey area and polarise opinions. However, are employers allowed to judge an individual based on their tattoos, or would this be deemed discrimination?

Are there any laws governing this?

Legally, there are currently no employment laws that govern tattoos in the workplace. This means that an employer could be within their rights to reject a prospective employee based on them having a visible tattoo. This also applies to the dismissal of an employee who gets a tattoo during their course of employment.

The law does protect employees from unfair treatment at work based on certain protected characteristics. Tattoos are not deemed a protected characteristic but there may be cases where the tattoo is linked to one of the protected characteristics, such as when they are connected to an employee’s religion. If this is the case, refusing to employ a person because of their tattoos may constitute discrimination on the grounds of religion or belief. A blanket policy forbidding tattoos in the workplace can promote generational prejudice and could result in a claim of indirect age discrimination if a larger proportion of younger employees have tattoos.

What can employers do?

It is crucial that employers have a clear dress code policy that sets out the expected workplace attire for all staff members. Reasoning should be given where possible. Employers could argue that visible tattoos have a detrimental effect on the business and that they could create a less than positive impression to new and potential customers.

If employers choose to allow tattoos to be visible, restrictions can be imposed on the type of tattoos that can be displayed. For example, the dress code policy could say that visible tattoos cannot be offensive.

In summary, a dress Code policy should be clear on the company’s views as well as set out the implications of non-compliance.

If you have any queries about workplace policies, please contact our Head of Employment Charlotte Braham by email or on 01494 893529.