Tattoos have always been a divisive topic. Some view them as a personal expression of art, while others consider them unappealing or even offensive. But where do those opting to ink fit into an employment market where first impressions really do count?
Do employers have any right to ask employees to cover up? Or can they simply refuse to employ people with visible tattoos entirely?
Here, we assess how attitudes towards tattoos can impact the recruitment process and where everybody stands legally when it comes to body art at work.
Are tattoos growing in popularity and acceptability?
Approximately 30% of 25 to 39-year-olds in the UK currently have at least one tattoo.
Interestingly, a 2015 YouGov poll on attitudes towards tattoos found that across age groups from the age of 18 to 60 plus, 33% thought less positively of people with body art, while the majority (53%) said that seeing a person with a large tattoo would make no difference to how they perceived them.
More recently, a study undertaken by the Knowledge Academy in December 2019, sought to assess whether tattoos in the workplace are becoming normalised.
In the survey, researchers asked a sample of 1,265 people whether they prefer employees with tattoos in certain professions and gave a list of occupations that ranged from beautician to MP. The results showcased a wide split when it came to how acceptable tattoos were for people working in different industries.
On the whole, those with jobs in the creative, beauty and leisure industries tended to be judged more favourably if they had tattoos, whereas there was a preference for people in traditionally white-collar jobs not to have tattoos. For example, most participants preferred MPs (75%), legal professionals (75%) and employees in the healthcare sector (68%) not to have a tattoo.
The healthcare statistic is probably the most pertinent when considering eye care professionals with tattoos because it highlights that while they may have become more acceptable in the workplace, some patients still have a preference for an employee who is not tattooed in a medical setting.
How should employers address tattooed employees?
In 2016, ACAS published its updated guidance on dress codes. This cautioned against employers taking an overtly negative attitude toward tattoos, as this could lead to them missing out on talented new recruits.
Of course, in certain settings, the possibility of overlooking talented candidates has to be weighed up against the general attitudes towards visible tattoos. There are currently no workplace-specific laws surrounding tattoos, visible or otherwise. Therefore, it is it is possible for an employer to reject a job applicant purely because they have a tattoo.
Nevertheless, it is important for employers to have a dress code policy that sets out the expected standards of dress and appearance, ideally with the rationale behind the requirements.
For example, an employer could argue that visible tattoos could harm their business by creating a negative impression in the minds of any prospective clients; therefore, all tattoos have to be covered.
While having tattoos does not in itself amount to a protected characteristic for the purposes of English law, if an individual’s tattoo has a meaning that relates to one of the protected characteristics (such as having a religious connotation), they may be afforded some legal protection.
If someone has been treated less favourably due to having a visible religious tattoo, or they have been dismissed because of it, this could result in claims for unfair dismissal or discrimination. Discrimination claims do not require any length of service, but to bring an unfair dismissal claim an employee must usually have been employed by their employer for at least two years.
Dress code policies mentioning tattoos should always be applied fairly and consistently, to help prevent discrimination. For example, should an employer dismiss a female employee with a visible tattoo but not a male employee with the same visible tattoo, the employer could be left open to claims of discrimination on the grounds of sex.
This area of the law is relatively simple on the face of it, but its practical application needs to be carefully considered.
Regardless of the legal position, it is important to have an open-mind about appearances as sourcing quality candidates can often be difficult. As tattoos become more commonplace within society, a more inclusive culture may be more attractive to potential new recruits and help to retain existing employees. A tattoo does not define how capable someone is at the role for which they have been employed.
- Nicola Cockerill is a senior associate at Buckles Solicitors and specialises exclusively in employment law, working on a wide range of contentious and non-contentious matters, including reviewing and drafting contracts of employment, company policies and procedures.