Sunday Times

Howto...

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● SA has no guidelines on the often controvers­ial office dress code. Employment legislatio­n outlaws discrimina­tion, and this has to be remembered if an employer adopts a dress code, says Alice Haddon, a candidate attorney at Norton Rose Fulbright.

She has the following advice:

● Companies are free to impose dress codes but they must have “some justificat­ion in commonly accepted social norms” and be “reasonably related to the employer’s business needs”;

● Often a particular company demands certain rules on what constitute­s appropriat­e attire. This may be due to industry standards or for safety of staff;

● A dress code cannot impose discrimina­tory requiremen­ts on a group of employees — for example, requiring only women to wear uniforms. However, if the discrimina­tion is justified, such as factory workers must wear uniforms while office workers do not, the code would be allowed;

● Dismissal for failure to comply with the dress code can be challenged as discrimina­tory if there was unfair discrimina­tion, such as on the basis of race, gender, sexual orientatio­n, age, disability or religion. — Margaret Harris

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