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With 20% of the UK’s population reportedly having a tattoo, they are more popular than ever. From the prime minister’s wife, Samantha Cameron to celebrities like David Beckham and Helen Mirren tattooed individuals are firmly part of the mainstream. However, many employers have a policy that restricts tattoos in the workplace.
So if an employer has a ban on tattoos in the workplace and an employee turns up to work with a visible tattoo could they be fairly dismissed? The answer is yes, as long as it had a clear policy covering it and followed a fair dismissal process for those employees with 2 or more years’ service.
Issues surrounding tattoos in the workplace can get more complicated when it comes to religion. Employees are protected by law from discrimination on the grounds of their religion or belief. If the tattoo is part of a genuinely held religion or belief, and that religion or belief prohibits the employee from covering the tattoo up, the employer may need to allow an exception to any “no visible tattoo” policy. This is because employers are required to reasonably accommodate genuinely held religious or philosophical beliefs. Where an employee can show that persons of their religion or belief (including themselves) are particularly disadvantaged by reason of the application of a “no visible tattoo” policy then the employer would need to prove that there is a legitimate aim (a real business need) and that the tattoo policy is reasonably necessary to achieve that aim. Employers should therefore be aware of any potential conflicts before preparing and enforcing a policy that prohibits visible tattoos at work. It may also be good practice to ask any employees about their tattoo to find out whether there is a religious basis for it that prohibits them from covering it.
Other areas of discrimination law may also apply to protect employees with tattoos. For example, historically more men have had visible tattoos than women. As a result, an interviewer who notices a tattoo on a man’s arm may accept it. But if the same interviewer then had an adverse reaction to a woman applicant with a tattoo and treated her less favourably this may amount to sex discrimination.
The key for employers is to have a written policy that employees are fully aware of and to apply that policy consistently. This will give employees a clear understanding of what is acceptable and helps to avoid disputes and grievances arising.