Nicola Cockerill, senior associate at Buckles Solicitors, focuses on the legality and feasibility of prohibiting visible tattoos in the workplace.

 

The popularity of tattoos in the UK shows little sign of waning, with the most recent available statistics highlighting that up to 30% of 25 to 39-year-olds have at least one inking.

So, considering the number of the nation’s workforce that is now tattooed, is it still appropriate for employers to request that their employees cover them up? Or to even refuse to employ someone on the basis of their ink?

Here we examine whether or not it is lawful to make such value judgments and potentially what impact an employer’s view on the matter could have on recruitment and staff retention.

Are tattoos growing in popularity and acceptability?

When YouGov assessed how people felt about tattoos, it found that only 33% thought less positively about those with tattoos, whilst 44% said that it made no difference to them. However, when The Knowledge Academy dug a little deeper into the issue in 2019, specifically asking for views in respect of different professions, the results showed a clear division.

The study asked 1,265 people the question ‘Do you prefer employees with a tattoo?’ and listed a variety of different professions. The survey found that, in general, people who worked predominantly across blue-collar industries such as the beauty and leisure industries, were viewed positively if they had tattoos on display. However, white-collar professionals or office workers were viewed less positively

With differing attitudes to consider, it is unsurprising that employers may need to reflect on what impact tattoos can have on their businesses, and therefore what their policies and procedures need to say to address this.

What does the law say about tattooed employees?

At present, there aren’t any specific employment laws that deal with the issue of tattoos. This means that an employer could reject a job applicant simply because they have a visible tattoo. However, ACAS warns against this. In its 2016 update on dress code guidance, it advised that taking a negative position toward tattoos could be detrimental to business and result in good candidates being disregarded.

Naturally, there will be some situations where the prospect of missing out on talented new recruits will have to be considered alongside the general attitude in the industry toward visible tattoos and any potential loss to the business as a result of client perception.

It is recommended that where businesses have a dress code policy, they clearly outline the expectations in respect of visible tattoos as to what is and is not acceptable. This will ensure there is no misunderstanding between the business and members of staff. And, provided it is applied fairly and consistently, will minimise the risk of any claims.

Tattoos do not amount to a protected characteristic for employment legislation

However, where a tattoo has a meaning that relates to one of the protected characteristics (for example, it has a religious connotation) they may be afforded protection under legislation. In this case, if an individual were to be treated less favourably (perhaps prevented from receiving a promotion or not recruited to work for the business) then it may give rise to a discrimination claim on grounds of religion. Another potential example of discrimination would be an instance where in a business female employees were not permitted to have visible tattoos, but all male employees were.

In light of the issues currently experienced by many businesses in recruitment and retention, it may be worthwhile reviewing existing dress code policies and, where necessary updating them, to ensure an inclusive workplace environment. This may assist with retaining current staff and attracting new recruits. After all, a tattoo does not define a person’s ability to perform a role.