In the case of Achbita v G4S [2017] (CJEU, C-157/15), the ECJ has given guidance on the extent to which dress codes (whether formal or informal) can be imposed on those who want to wear religious or political signs. The guidance is that it will be potentially indirect discrimination unless the employer can objectively justify the dress code. This means the employer must show a legitimate aim, for example showing neutrality to customers and clients. The employer must also demonstrate that their way of achieving neutrality is both appropriate and proportionate.
Although the guidance is vague commentators have interpreted it as meaning that different standards may apply to those who have no contact with customers as opposed to those who are in customer facing roles. The key point is the imposition of such a plan would not automatically be direct discrimination, but can be indirect discrimination unless there is an objective justification. The best advice therefore is to have a clear worded dress code which sets out guidelines and distinguishes between those who see customers and those who do not.
tags: indirect discrimination
