1. Does a company have a right to introduce uniforms at the workplace?

A company has a right to introduce uniforms at the workplace, unless specifically prevented to do so in a collective agreement or contract of employment. 

2. In cases of a unionised environment, does the company have to consult with the union or workers’ representatives before introducing uniforms?

In a unionised environment, a company should consult with the union representative before introducing uniforms, as this may be deemed to somehow be a change in the employees’ conditions of employment. 

In a non-unionised environment, companies employing more than fifty persons should inform the workers’ representative/s.  

3. How often should a company issue new uniforms?

This can depend on the nature of the job and the reason for introducing the uniform. The uniform may be introduced for the purpose of projecting a positive corporate image and/or have a functional purpose (e.g. health and safety). The company should establish a reasonable replacement period to ensure that the uniform achieves the objectives of introducing it. (e.g. for the purpose of corporate image, it might be better not to have uniforms than to have employees wearing shabby uniforms).     

4. Can management take disciplinary action if employees do not wear the uniform or the full uniform?

Management can take disciplinary action against employees for not wearing the full uniform. Management can also impose fines for such contraventions after obtaining approval from the Director of Industrial and Employment Relations.

5. Can employees be charged when a company issues a uniform?

A uniform may be considered to be a company tool and as such should be provided by the employer, provided that the apparel provided cannot be used for private purposes. 

The employee may be obliged to partial compensation of the uniform if s/he leaves employment before a certain term but not if s/he is stopped during probation.  

6. What obligation can be imposed on employees to look after uniforms?

Employees may face disciplinary action if uniforms are not cleaned or are damaged through negligence and not wear and tear. Companies may even impose if this is either stipulated in a collective agreement or if authorised by the Director of Industrial and Employment Relations when employees do not keep the uniforms in proper condition, bearing in mind that uniforms are subject to wear and tear.

7. What happens to uniforms upon termination of employment?

Many companies require employees to return uniforms back on termination.

Dress Codes

8. What should a dress code policy include?

A dress code should specify the manner in which an employee should be dressed during hours of work or during the carrying out of his/her duties.

9. Does dress code include hairstyles, hair colour, piercings and tattoos?

Employment legislation does not regulate this matter. However companies may impose a dress code which includes a policy which specifies standards about hair colour and styles, piercings and tattoos. 

This is a very grey area because of shifting norms due to a changing social cultural environment which tends towards a more liberal attitude on issues related to self-expression. However it cannot be denied that an employee’s appearance can influence the company’s image to its clients and as such, an employer should have a say on this matter.

It is definitely easier for an employer to take appropriate action and to protect the company from accusations of discrimination or constructive dismissal if there is a policy/dress code in force which specifies the company’s standards.

10. Can employers specify that any tattoos should be covered in a dress code policy?

Companies may insist, as part of their dress code, that tattoos should be covered during work. 

11. Can employees refuse to abide by a dress code?

The dress code is part of a company’s corporate image which employees have to abide by. Many companies adopt periodical dress down days as a flexibility measure which generally makes employees more comfortable wearing uniforms on the rest of the days.