I moustache you a question – are employers allowed to ban facial hair in the workplace?

For many, the start of November marks the start of a month-long road to growing their moustache or beard of dreams (or, dare I say it, nightmares). I am, of course, talking about Movember, the annual initiative that sees men all over the world grow facial hair to raise awareness for men’s health causes.

Many workplaces are supportive of employees’ fundraising/facial-hair-growing efforts as there is growing recognition of the value of focussing on men’s physical and mental health, an often-neglected subject matter. However, for less supportive employers, it raises an interesting question about whether there is room in a workplace dress code or similar policy for employers to dictate their employee’s appearance at work and prohibit facial hair?

Dress Code Policies

Many companies have a dress code or policy in place setting out what is appropriate for employees to wear on a daily basis. In particular where employees are in a client facing roles employers may feel it necessary to set out what they deem to be appropriate work attire. Even if your workplace doesn’t enforce a strict dress code it can be useful to have a policy in place for several reasons. It removes any ambiguity or confusion, it can be used to address any health and safety risk (or food hygiene issues), and it can help impress clients by ensuring that the company is making a good visual impression.

Often dress code policies include guidance relating to general appearance e.g. to maintain a high standard of appearance in the workplace or to appear ‘smart’ at all times. Such provisions can be unclear and be left open to interpretation. However, is it reasonable, or even legal, to enforce a policy which requires staff to be clean shaven if the employer considers that necessary?

Can you ban facial hair in the workplace?

It is not illegal to have a policy which prohibits beards or moustaches. However, should an employer wish to ban facial hair it should consider the reasons behind the ban as well as any potentially acceptable reasons for their employee’s non-compliance.

Employees and workers may not be able to comply with the need to be clean shaven because their religion prohibits them from shaving or cutting their hair. In that case, a blanket requirement to be clean shaven could lead to claims of discrimination on the basis of religious belief. Employees or workers who suffer from skin conditions may not be able to comply with a requirement to be clean shaven and so enforcement of the policy could lead to clams of disability discrimination.

In a case from 2019, a Sikh man won his racial discrimination claim against a recruitment agency that enforced a blanket policy prohibiting beards. The agency informed Mr Sethi that beards were not permitted as they went against the agency’s standards on appearance. Mr Sethi advised that he could not shave his beard because of his Sikh faith and he was not offered work from the agency as a result of their policy on facial hair. An employment tribunal found that this was indirect discrimination because the no-beard policy placed Sikhs generally, and Mr Sethi specifically, at a disadvantage because of the Sikh practice of Kesh (the practice of keeping one’s hair uncut). The recruitment agency argued that the policy was in place to comply with their clients’ requirements for workers, which they argued was a legitimate aim. This was accepted by the tribunal but it determined that a blanket ban on beards was not a proportionate means of achieving that aim and so was unlawful. Not all of the agency’s clients had a no-beard requirement, so the rule could not be justified.

A blanket ban which does not consider the individual circumstances of employees or workers who may not comply risks falling foul of equality legislation. The agency in the above case was entitled to have a policy but needed, when applying it. to take into consideration those who are unable to comply due to their religion.

But should you ban beards?

By way of cautionary tale, in 2023 Police Scotland tried to institute a blanket ban on facial hair for all frontline officers. The reasoning behind this ban were health and safety concerns relating to the effectiveness of FFP3 face masks when placed over facial hair. These masks were used considerably during the Covid-19 pandemic but are also used to filter out toxic fumes when officers attend fires, road accidents and chemical incidents. The proposed policy affected all front-line officers but did include carve outs for those who were unable to comply with the ban for religious, cultural, or medical reasons or reasons linked to a disability.

Nonetheless, it seems Police Scotland underestimated the officers’ attachment to their beards and moustaches. The backlash and general outcry to the proposed policy meant that it’s implementation was delayed pending further review. Opposition to the proposed policy argued that as the Covid risk was diminishing there was less need for DDF3 masks and so the proposed policy would cause unnecessary distress. Police Scotland faced criticism at the time from the LGBTI Police Association, as well as the Scottish Police Federation, who reported an influx of complaints.

It also later emerged that Police Scotland paid £60,000 to four police officers to settle discrimination claims after they were required to shave in order to continue in their roles prior the force-wide ban.

Instituting a ban on facial hair can be difficult, even where it is motivated by a legitimate safety concern and where consideration is given to those who are unable to comply as a result of a protected characteristic.

Conclusion

Dress codes generally are a helpful tool to set guidelines for employees’ appearance, especially in a post-covid world where many employers are encouraging their employees and workers to return to the office after extended periods of working from home. Dress codes should be clear and specific so they can be relied upon both by employer and employee without any risk of ambiguity.

It is not illegal to ban beards and moustaches (even though it may be unpopular). However, a blanket ban without any allowances for religious, cultural, or medical considerations could put employers at risk of claims of discrimination.

When contemplating a ban on beards and moustaches, employers should consider the rationale behind the policy, in other words: what is the aim of the policy? For some workplaces there will be health and safety concerns, or hygiene reasons behind the policy. In each case it is worth considering if there are alternative ways to achieve the desired outcome should an employee be unable to comply with requirement to be clean-shaven. For example, if employees are handling food or drink in the course of their work, it may be appropriate to require them to wear a net over their facial hair in order to comply with food hygiene standards.

For employers who are opposed to Movember, a policy which bans facial hair may be legitimate, but must be applied with appropriate consideration to equality legislation.

Should you require advice or assistance reviewing your current dress code policy or putting a dress code policy in place please contact a member of BTO’s Employment Team.

This update contains general information only and does not constitute legal or other professional advice.