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uniforms

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sarahcadogan | 10:00 Fri 16th Jan 2009 | Law
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We have introduced uniforms to our employees. However, one member of staff is protesting about them, giving several reasons why he is not 'happy' to wear it. The uniform has already been supplied free of charge. Although his reasons are purely 'opinion' he has given these reasons in writing, but not yet completely refused formally.
When this change takes effect, is he obligated to wear the uniform by law?
If he refuses, is this legal grounds for dismissal?
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what are his objections
Sack him; the grumpy git.
This is not a legal issue ie it's not a statute at least, althoug it could no doubt become a civil dispute. If he is not willing to fulfil terms and conditions in his contract then the employer is at liberty to dismiss him using standard disciplinary procedures, ie verbal warning written warning x 2 etc . Presumably his contract contains the clause which requires him to wear what the employer wants. Usually it's covered in blanket fashion so that technically the employer can do what they like.
This is a very grey area and the employer is on very weak grounds. If the reason for the uniform can be 'justified' in terms of the personal or food safety reason, then that is fine. For example, it would be unthinkable that food manufacturers could not have a uniform.
If it is just for corporate branding purposes, it's dodgy.
If the employer dimissed, it would have to be for misconduct, and the employer, if he/she had more than 12 months continuous service might challenge it at an ET for unfair dismissal.
I wish we had a bloody uniform! I have to buy flat shoes for work (and I'm partial to a heel!) and have ruined countless pairs of jeans by scrabbling under the stage on all fours (it's our storage area - no saucy business!) and I have to pay for it all myself!! He should think himself lucky!!
If you are the employer in this case, I think you need to decide whether this employee has raised a grievance with you concerning this. It's not always clear cut and you sometimes have to read between the lines to decide if they have. If you ignore a grievance then the company could be in trouble.

I would ask him formally if he is raising a grievance and if he says yes you will have to go through a grievance procedure and appeal if necessary.

If your request for staff to wear uniforms is reasonable (and especially if other staff have already agreed) then he will probably have to comply but do sort out the grievance issue first.
I'd like a uniform. I have a clothing crisis every morning!

come back Sarah, explain the employee's issues..
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His issues have not really been made that clear.
Our reasons for the uniforms are ..
To produce a cleaner, more professional appearance. The job involves close contact with children, so we wanted to limit any damage to personal clothing and also eliminate any exposure to pet or food contaminates for children with allergies.
So that members of staff can be easily identified.
The uniform is not stylish or formal, but smart enough and has our logo on it.
He simply disagrees with our reasons for the uniforms and has written to us explaining this. However, hasn't yet put his refusal to wear the uniform in writing.
It seems like he has personal issues.

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