Employers reviewing dress codes have been urged to tread carefully after Conservative Party leader Kemi Badenoch’s comments suggesting organisations should be allowed to ban the burka.
Legal experts warn that UK law robustly protects religious expression and that vague or overly restrictive rules expose employers to legal and reputational harm.
Paul Kelly, partner and head of the employment team at Blacks Solicitors, says employers must approach dress code policy with both legal clarity and sensitivity. He advises that any restrictions must be specific, proportionate and updated through proper consultation.
Religion and Belief Protected by Law
Under the Equality Act 2010, religion or belief is a protected characteristic. Employees have the legal right to manifest their faith, which can include wearing religious dress such as the burka, hijab, kippah or crucifix. Direct or indirect policies that limit this right risk liability for discrimination, harassment or victimisation.
Kelly explains that employers cannot prohibit the wearing of religious garments unless they can show a specific and justifiable reason. He cites examples such as sterile clinical environments or factories, where loose clothing may pose a safety or hygiene risk.
In those circumstances, tailored dress requirements may be lawful, but a blanket ban without justification is not acceptable. His advice reflects guidance from the Equality and Human Rights Commission and Acas.
Badenoch’s Remarks Raise Questions
Following the remarks by Badenoch — leader of the Conservative Party and of the Opposition — there has been renewed focus on whether employers might legally ban the burka in professional settings.
She suggested employers should have the freedom to set dress standards, particularly in interactions with clients or the public. But seasoned lawyers caution that regulations allowing bans pose serious legal pitfalls unless the conditions meet strict legal tests.
Kelly points to the influential case of Eweida v British Airways, in which a Christian employee was initially banned from wearing a visible cross. The European Court of Human Rights ruled that BA’s uniform policy violated her right to manifest religious belief, finding the employer’s desire for a consistent corporate image did not justify the restriction.
The judgment reinforces that business image alone is seldom sufficient grounds to restrict religious attire.
Best Practice Steps for Employers
To comply with legal standards when reviewing dress code policies, Kelly recommends the following practices:
Define legitimate objectives: Any restriction must be based on clear, operational reasons — such as safety, hygiene or identity verification — not subjective preferences.
Conduct equality impact assessments: Assess whether rules could disproportionately affect people from certain faiths. Document findings and adjust policy accordingly.
Engage with employees: Consult directly with staff or representatives. Record discussions to show transparency and goodwill.
Offer reasonable accommodation: Rather than banning religious dress outright, consider permissible adjustments. Allow modified uniforms or adapt duties to reduce risk, for example.
Apply rules uniformly: Avoid policies that single out particular faiths or types of religious dress. If restrictions apply to all symbolic attire equally, justification must still be robust.
Provide clarity: Policy documents should contain concrete examples and clearly defined standards for compliance. Avoid vague terms such as “smartness” or “neatness”.
These steps are derived from legal guidance published by the Equality and Human Rights Commission and the Advisory, Conciliation and Arbitration Service (Acas).
Broader Inclusion Measures to Complement Dress Codes
Beyond dress policy, experts suggest employers should also consider other steps to create religious inclusion:
Accommodate religious observance: Allow flexibility for prayer times or religious festivals where operationally possible.
Prayer or multi-faith spaces: Offering spaces where employees can observe faith practices promotes respect and avoids indirect exclusion.
Training and awareness: Educating staff about religious diversity helps prevent inadvertent bias or behaviour that could be seen as harassment or exclusion.
Employers who mishandle dress code policies risk not only legal claims but also “significant reputational damage”, says Kelly. Such incidents can lead to negative media attention, client losses and internal disengagement, particularly as inclusivity becomes central to employer branding and culture.