Tattoo discrimination in the workplace

With body art becoming increasingly popular, the question is being raised as to the morality of employers excluding potential employees from recruitment, or even firing current employees on the basis that their tattoos are not “professional”. In this blog, we’ll explore the laws surrounding discrimination, explain examples of what tattoo discrimination in the workplace could look like, and how employers like you can stay safe and compliant with the Equality Act 2010.

 

Tattoo discrimination laws UK: What you need to know

The Equality Act 2010

As previously mentioned, The Equality Act 2010 provides the foundation for protection against discrimination, and it’s crucial to understand how it applies to tattoos. While it doesn’t explicitly mention tattoos, understanding it can be vital in certain cases of tattoo discrimination.

It’s important to note that you as an employer are generally allowed to have dress codes and appearance policies. However, these policies must be applied consistently and fairly. They cannot be used to unfairly target employees with tattoos.

Protected Characteristics:

The Act prohibits discrimination based on nine protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Indirect Discrimination:

While having a tattoo itself isn’t a protected characteristic, a workplace policy that disproportionately impacts people with tattoos who also share a protected characteristic could be considered indirect discrimination. For example:

• Religion or Belief: If an employer has a blanket ban on all tattoos, this could indirectly discriminate against employees whose religion or belief involves tattoos

 

What are common examples of tattoo discrimination in the workplace?

Refusing to hire someone with visible tattoos

If an employer were to reject a candidate who is qualified for a role and possesses all the skills and experience needed, solely due to their tattoos, this is unacceptable as they’d be judging an individual based on their appearance rather than their abilities

Demoting or firing an employee who gets a new tattoo

An employer might take adverse action against an employee if they get a tattoo that was not previously visible or approved.

Forcing employees to cover up tattoos

While requiring employees to cover tattoos in certain customer-facing roles might be justifiable, blanket policies requiring all employees to cover tattoos at all times could be discriminatory.

 

How to deal with tattoos in the workplace

Implement clear policies

• Develop fair and consistent dress code and appearance policies.
• Consider allowing tattoos with reasonable restrictions, such as limiting visibility in customer-facing roles only when truly necessary.
• Clearly define “appropriate” attire and avoid ambiguity.
• Allow for self-expression and regularly review policies to ensure they remain non-discriminatory.

Andrea O’Hare, our Head of Employment Law services said;

“The most important thing for employers to do to protect themselves is to have clear policies in place with regards to this issue. Whether it’s recruitment or employee policies, both will need to be watertight to protect employers in an ever-evolving society”.

Train your staff

• Ensure all staff understand the law and best practices regarding tattoo discrimination.
• Provide workplace training on the Equality Act 2010 and address unconscious bias in recruitment and performance management.
• Encourage open communication about discrimination concerns.

Focus on skills and qualifications

• Prioritise abilities and experience over appearance.
• Use objective criteria to evaluate candidates.

Seek legal advice

If you’re unsure about the legality of your policies, speak with an employment law consultant. They can support your business in making sure that all of your policies comply with the Equality Act 2010 and many other important laws.

 

Stay compliant with the Equality Act 2010 at all times with Citation

Need your HR documentation reviewed or created? At Citation, our all-encompassing HR & Employment Law services provide the guidance and support that you need on the topic of tattoo discrimination in the workplace from our expert consultants.

When you join Citation, you’ll also gain access to our 24/7 HR advice line and HR Software. To find out more about the Citation service, get in touch today.