Dress code in the workplace: What's appropriate and what's not

Dress code in the workplace: What's appropriate and what's not

Podcast

Dress code in the workplace: What's appropriate and what's not

Podcast

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Kgodisho explains that in South Africa, no Act of Parliament explicitly prohibits appearance-based standards or regulates workplace dress codes. Instead, dress codes are typically governed by employer-specific policies, with employers considering job requirements to establish appropriate guidelines.

Kgodisho adds that any dress code policy must respect foundational rights like dignity, equality, and freedom of expression—rights protected by the Constitution. If an employer’s dress code infringes on an individual's dignity, equality, or freedom, it could be legally challenged. For instance, in a recent Labour Court case, an employee who was biologically male and transitioning to female requested to dress as a woman. When the employer denied this request, leading to the employee’s dismissal, the matter went to court. The Labour Court emphasised the need for reasonable accommodation in dress code policies.

Kgodisho also notes that if an employee feels uncomfortable with a colleague’s attire, they should consider whether the attire actually violates company policy before addressing it with HR. Any complaint should be based on a genuine policy violation, rather than personal discomfort. For example, if someone finds a colleague’s hijab offensive, they should first check if the attire breaches any workplace guidelines—if not, the complaint may lack grounds for consideration.

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