What do dress codes have to do with D&I?

What do dress codes have to do with D&I?

By Jo Faragher on 24 February 2025

Over the past six years, the proportion of organisations enforcing strict dress codes has dropped dramatically. According to figures from Brightmine, between 2018 and 2024, the percentage of companies enforcing dress codes via employee contracts has fallen from 30% to just 4.3%. Unsurprisingly, a key factor in this has been the pandemic, when we became used to CEOs wearing hoodies on Zoom calls and wearing a ‘business’ shirt on top with pyjama trousers was a popular combination in home offices.

But Bar Huberman, content manager for HR strategy at Brightmine, believes there has also been a deeper cultural shift in how we dress (and what employers expect) over that time period. More relaxed dress codes can support organisations’ D&I efforts, she believes, because they enable employees to dress in ways that reflect their identity, helping to foster belonging and inclusion. “Hybrid working has accelerated the shift in what we wear to work. We realise that people’s values are what’s important and if we let people experience work in a way that makes them feel comfortable, they will perform at their best,” she says.

Freedom to stand out

Mo Kanjilal, author of The Inclusion Journey and co-founder of consultancy Watch This Sp_ce, says: “When I worked in corporate roles, most people were men in dark suits, so I already stood out. Someone gave me some advice, and said I might as well really stand out. So I started wearing really brightly coloured dresses, and I still do. It means I do look different to everyone else, but people remember me.” This personal lesson applies to others in the workplace too, she believes: “For employees to feel they can be themselves at work, clothes play a huge part in this. When people feel that they have to conform it can feel restrictive.” That said, she adds that uniforms can bring a sense of belonging and identity if people work together for a brand, but that they must be adaptable for different body shapes and styles. “I would advise employers to give their employees the freedom to dress in their own style so that they do not feel they have to be someone they are not,” she says.

Although there are clear benefits from allowing employees to dress however they feel comfortable, businesses should also be mindful of the legal risks around misapplying appearance policies. Helen Dyke, senior employment solicitor at Harper James advises employers to balance business needs with inclusivity and legal compliance. “While it’s entirely reasonable for businesses to set dress codes – whether for professionalism, branding, or health and safety – employers must ensure that their policies do not discriminate, directly or indirectly,” she says. “Legally, dress codes remain valid, but they must align with the Equality Act 2010 to avoid indirect discrimination. A ‘one-size-fits-all’ approach can be problematic, particularly regarding religious or cultural attire. If a policy disproportionately affects certain groups – such as banning headscarves, beards, or specific hairstyles – employers must justify it as a ‘proportionate means of achieving a legitimate aim.’ This means demonstrating a real business need, such as health and safety, rather than personal preference or branding.”

Reasons for the policy

Eve Hoban, an employment lawyer with Vedder Price, argues that overly strict dress codes could have a detrimental effect on inclusion. “Formal dress codes, for example that restrict the visibility of tattoos and body piercings, could have the effect of alienating current employees or dissuading potential candidates from applying,” she says. “When implementing dress codes, employers should carefully consider if there is a genuine business reason for the policy and, if so, any impact this could have on attracting the next generation of employees and encouraging diversity and inclusion within the workforce.”

One thing to avoid in dress code policies is reinforcing outdated gender norms, for example expecting women to wear high heels and make-up, as this can be discriminatory. “Equally, requiring men to wear ties when women have more relaxed standards may be challenged. The best practice is to focus on broad principles, like ‘professional’ or ‘appropriate’ dress, and allow for individual expression within reason,” advises Dyke. “Ultimately, dress codes should be reviewed regularly, consulted on with employees, and applied consistently to avoid discrimination risks. A rigid dress code in today’s hybrid and diverse workplaces may be less effective than a flexible, inclusive approach.”

Employers should also be mindful of how expectations have shifted since the pandemic, with many people working from home at least for part of the week. This does not mean dress codes go completely out of the window, she adds: “There have been instances in which employees have been ‘caught out’ not adhering to dress code policies in virtual meetings, for example by only dressing appropriately on their top half, or even by dressing in beachwear whilst on holiday. Such failures to comply, which result in the breakdown of a professional working environment, could lead to misconduct allegations and, in some cases, dismissal.” Brightmine’s research found that very few companies had formal guidelines for what employees should wear on Zoom calls or similar. Huberman adds: “It’s all about trust – organisations trust people to work from home without being micromanaged, and that extends to trusting them to dress appropriately.”

Be realistic

Max Moen, head of people and cultures at Haypp, says his company takes a pragmatic approach. “Can you wear a hoodie when working from home if you are not interacting with clients, customers or other externals? Sure. Would you wear the same hoodie in the office when clients or customers might be present? Not necessarily. We are flexible but in turn we expect team members to take a certain amount of personal responsibility in how they dress and the appropriate choices for a particular context,” he says. “A flexible dress code doesn’t necessarily mean people can wear anything they want, it just means that there is less of a strict ‘uniform’ and generally refers to a smart-casual approach where employees can wear their own fashionable choices, while still maintaining a level of professionalism that is expected in the workplace. Allowing employees to express themselves through their outfit choices helps individual personalities shine, even in a corporate environment.”

In some roles and sectors there will be a requirement to wear protective clothing or something that ensures hygiene for staff and customers. Rob McKellar, director of legal and general counsel at Peninsula, adds: “A well-thought-out dress code can be a great boost to an organisation’s business image and make it stand out from the competition. Unless related to a regulatory requirement, such as PPE, there are no specific laws governing appropriate attire. As such, employers are free to choose what they deem to be reasonable, as long as what is required is non-discriminatory.”

Workplace needs

Adopting a more flexible approach to dress expectations can also boost feelings of belonging for employees with particular workplace needs, such as neurodivergent workers who may feel uncomfortable with requirements to comply with certain elements of dress codes, which could complicate enforcing a strict policy. “There is increasing awareness of the importance of supporting neurodivergent employees within the workplace. In instances where an employee is disabled under equality legislation, reasonable adjustments should be considered in order to reduce or remove any disadvantage that a dress code policy may impose,” says Hoban. Allowing staff to wear loose fabrics or be less formal can also benefit menopausal employees.

Brightmine’s research also pointed out that line managers are increasingly the “responsible party” when it comes to dress expectations, even if HR teams are still the main drivers of policy. Employees will take their cues from their direct managers but also senior leaders in the company, Huberman concludes: “It’s the same as we see in the shift to flexible working – if leaders are talking about working flexibly or are dressing down, then others will follow. In many teams it will depend on the roles people do, what’s happening that week and what’s appropriate.”