Although many tradespeople have tattoos without it being an issue, do corporate office
workers in the flooring industry have to tread more carefully? Nicola Cockerill explains.

DATA from a 2015 survey shows 30% of 25 to 39-year-olds in the UK have at least one tattoo, 21% of 40-59 year olds have a tattoo, and just 9% for those over 60 have a tattoo. Given that tattoos are becoming commonplace in the workforce, where do employers stand when asking employees to cover them up? Is personal taste or opinion even a factor when it comes to recruitment or management?

Here we take a closer look at just how lawful it is to make decisions on whether or not to employ a person based on a like, or dislike, of tattoos.

Are tattoos growing in popularity and acceptability?
A 2015 YouGov survey assessed how people with tattoos were perceived. The results revealed while 33% thought less positively of anyone with tattoos, 44% said that it made no difference to them.

In 2019 The Knowledge Academy further explored the matter by asking 1,265 people the simple question ‘Do you prefer employees with a tattoo?’ and presenting them with various different professions on which to offer an opinion.

The results showed that white-collar workers in legal, political, or professional sectors were generally perceived less favourably if they displayed visible tattoos, whereas those working in trade or creative sectors were perceived more positively.

What’s an employer legally entitled to do if they feel an employee’s tattoos are inappropriate?
In 2016, ACAS published an update to its guidance on dress codes, which cautioned employers about projecting negative attitudes about tattoos owing to the impact this could have on recruitment.

Currently there are no laws governing tattoos in the workplace. As such, an employer can ask an employee to cover-up their tattoos and can also reject a prospective candidate for a role on the basis that they have a tattoo.

To minimise the risk of discrimination, it’s advisable that an employer clearly outlines their policy on visible tattoos within their dress code policy, which should also outline the expected standards for personal appearance in the working environment. This policy should then be applied in a fair and consistent manner across the business.

It may be perfectly acceptable for an employer to ask an employee to cover up visible tattoos, especially if there is a genuine business reason for doing so. It could be argued, for example, that visible tattoos might have a detrimental impact on their reputation by creating a negative perception to any prospective clients.

Employers should be aware that, while tattoos don’t in themselves constitute a protected characteristic under the employment legislation, if it has a meaning related to a protected characteristic (for example, having a religion connotation), then any less favourable treatment on that basis could give rise to a discrimination claim.

Additionally, if that employee who has worked for an employer for more than two years is dismissed because they have a tattoo, there could also be grounds for an unfair dismissal claim. Many businesses choose to adopt dress code policies which can be useful to ensure employees understand the standards expected of them and, if applied in a fair and consistent manner, can offer some protection against claims.

However, in addition to businesses applying their dress codes in a fair and consistent manner, they must also consider tattoos on a case-by-case basis, with specific consideration given to the nature and reason of the tattoo, to minimise the risk of discrimination.

As tattoos gradually become more socially acceptable, businesses may want to consider reviewing their existing policies and practices to adapt to these changes. Given the current issues with recruitment in the UK, it may be wise for an employer not to cloud their own judgment with a subjective opinion on the matter. It’s now more important than ever to remain open-minded when it comes to tattoos and personal appearance.

Establishing a more inclusive culture in the workplace will be more attractive to potential new talent and existing employees alike. Remember, a tattoo does not define how competent someone is. As such, employers may decide to relax their attitudes in order to attract or retain talent. This is, of course, a business decision.
www.buckles-law.co.uk
Nicola Cockerill is a senior associate at Buckles Solicitors