According to recent analysis, some 26% of people have some form of tattoo and/or body art.
Some tattoos might be hidden but increasingly more people are having visible body art on various parts of the body including face, neck, head, legs etc.
Also, tattoos are very much a case of…you either love them or you hate them. Tattoos also divide opinion in the sense that one school of thought says that they are part of a society where we are free to express ourselves and another school of thought where people are quite simply anti-tattoo.
But what happens in the workplace? From an HR Support perspective, there has been an increasing demand from employers for advice on tattoos and specifically whether it is discriminatory not to employ someone with a tattoo or can they ask an employee to cover up a tattoo?
Are tattoos covered by any form of discrimination?
No – having a tattoo is not seen as a form of protected characteristic so this means that if an employee comes for an interview and has visible body art or tattoos, the employer can legitimately reject the candidate for that reason, unless it could be argued that the tattoo is related directly to religion or race in which case, the employer could be accused of discrimination.
Can an employer ask an employee to cover up tattoos?
Yes – this is quite common and you can ask an employee to wear long sleeve shirts etc. A lot of Companies relax dress codes in Summer months allowing employee to wear shorts which exposes tattoos which might otherwise not be seen.
It is very common for an employee to be asked to cover up tattoos where the employer takes the view that it is not appropriate for their job role, or the sector they work in or customers/clients might find it unacceptable. You tend not to see employees with tattoos in management consultancy, professional services – generally speaking, tattoos are perceived to be more blue collar than white collar in the workplace but that’s changing and the blue and white collar split is outdated.
Some employer take the view that tattoos and/or body art are not consistent with their brand image and don’t look professional and might not be considered appropriate by clients /customers. When employers have photos on their websites of employees, they are entitled to ask that the employee doesn’t show tattoos on the website picture.
An existing employee comes to work having had tattoos – can the employer terminate?
It depends on whether the employee has less than 2 years service.
Where the employee has less than 2 years service, the employer could terminate as long as there is no risk that the tattoos are linked to race or religion. If there is no discrimination risk, the employee cannot bring an unfair dismissal claim so the employer could terminate with notice but it would be prudent to assess the risk prior to dismissal.
If the employee has over 2 years, the risk is far greater and an employee could bring a claim for unfair dismissal. It would be a high risk call for an employer to dismiss purely on the grounds of a tattoo and if so, it would probably be a SOSR – some other substantial reason – dismissal. The likelihood is that the employee would bring a claim and if the dismissal has not been well managed and a procedure followed, the Tribunal would probably find in the favour of the employee.
But, after the new proposed changes to legislation come into effect – probably in Autumn 2026 – it won’t make any difference if the employee has more or less than 2 years service.
Does an employer need a policy on tattoos?
No but it is sensible for an employer to set out standards of dress in a handbook or set of guidelines and be clear about what is expected of employees in terms of their appearance. It is perfectly acceptable in a handbook to set out that the Company does not expect tattoos and/or body art to be visible. However, it is important that there is consistency in how this rule is managed.
It is worth noting that many Companies are now relaxing their rules on tattoos because of changing society views.
But we are probably quite a long way away from the BBC News being read by someone with a short sleeve shirt or blouse exposing an array of tattoos.
Attracting and recruiting talent
Where an employer doesn’t like tattoos and/or body art and reject job applicants on that basis, it should be pointed out that they are potentially reducing their chance of recruiting good people because the jobs market is all about attraction and retention of talent and the best candidate for the job may be covered in tattoos.
This whole issue will divide opinion and whilst some people will take the view that tattoos are unacceptable and unprofessional in the workplace, others will take the view that we should see beyond the person and accept people as they are and not be prejudiced – sometimes referred to as unconscious bias.
However, a business is only as strong as how it is perceived by their customers or clients and some employers will take the view that sending an employee to a meeting with visible body art or tattoos is not in keeping with their brand values and does not project a professional image.
Society attitudes are changing but with more tattoo parlours opening up on the high street than any other type or retail outlet, the popularity of tattoos is certainly not declining and if employers decide to avoid recruiting candidates with tattoos, they will find recruitment a lot more challenging and could be missing out on a great talent pool.
If you want advice regarding any of the issues raised, either call 07885 714771 or e-mail – adrian@abhrsolutions.co.uk
