Nursery World - Childcare Counsel - dress code policies, pregnant while on unpaid leave

Our resident employment lawyer, Caroline Robins, senior associate solicitor at Eversheds Sutherland, answers your questions

I am preparing a new dress-code policy. Can I prohibit the wearing of any religious sign or religious clothing?

Employers have wide discretion in directing the appearance of staff, and many nurseries will have a dress code. Account should be taken of potential issues of discrimination, including religious sensitivities. For religious reasons, staff may, for example, wish to wear certain jewellery or veils.

It will not necessarily be discriminatory for an employer to have a consistently applied rule prohibiting the visible wearing of any religious sign or clothing where there is a legitimate aim (for example, health and safety, projecting an image of neutrality). However, such a rule could still be unlawful if determined to be disproportionate. Consideration should always be given to the particular objection to a requirement and balanced against the needs of the nursery and whether there are any other means available of achieving the aim.

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