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I often hear people say they don’t want to work for certain companies because they find the uniforms unattractive. In many cases, you already know what you’ll be wearing before you start working somewhere. But imagine if your employer suddenly introduces uniforms, and you don’t like how they look on you. There was once a woman who cut her work pants into a skirt. Can you simply refuse to wear a uniform?
Embarrassment
A few years ago, there was a woman who worked at a care facility. She took care of elderly people who could no longer live independently. At one point, her employer decided to make company polo shirts mandatory. The goal was to improve recognizability. It was particularly important for clients, doctors, and visitors to be able to identify the staff quickly. Additionally, the employer believed that the uniform would create a professional, competent, and uniform appearance. It all sounds very logical. These are usually the reasons why companies opt for uniforms.
However, the employee was somewhat overweight and felt embarrassed wearing this uniform. She had been working for the organization for thirteen years without a uniform. As an alternative, the woman offered to purchase her own uniform in the same color and with the logo. The employer disagreed and took the matter to court, requesting to dissolve the employment contract.
Is embarrassment a valid reason to refuse to wear a uniform?
The judge ruled that there was more to the case than just refusing to wear a uniform. The employee’s self-esteem was affected due to her obesity, as described in the judgment. And the fact that the woman was willing to risk her job after such a long tenure highlighted the seriousness of the situation. The judge ruled that wearing the polo shirt would lead to (psychological) harm and that the employer should therefore make an exception in this case. The employer was advised to involve the company doctor to investigate further. Subsequently, the request to dissolve the employment contract was denied.
What does this mean for you?
I find this an interesting ruling. Not so much because I explicitly agree or disagree with it, but because it highlights what your rights are as an employee in this area. And, of course, what an employer should do in such a case. This got me thinking. Time to ask lawyer Kim Hendriks a few questions about what you should do as an employee if you feel embarrassed by a uniform.
What should you do if you feel you’re suffering psychological harm from the introduction of a uniform?
“First of all, the introduction of a uniform, while you’ve been working for the employer for years without one, is a change to the employment contract. This change is unilateral, meaning it was made without agreement from the employee. This is only allowed if the employer has a reasonable interest.
If you’re affected by this, as in this case due to obesity, my advice is to substantiate these (psychological) objections well. For example, with a doctor’s note or a statement from a treating therapist. This shows that your objections are indeed valid, and it may be that the employer, based on ‘good employer practices,’ must make an exception for you.”
Are such lawsuits useful, or are they a waste of time?
“Whether this is useful or a waste of time is, of course, not easy to answer. The answer is quite subjective in this case. You can imagine that this is enormously useful for the employee in question. Outsiders might think that this shouldn’t burden a judge.
I think that for the interpretation of sometimes vague terms in the law, such as ‘good employer practices’ or what a ‘reasonable interest’ of an employer is, more real-life cases and jurisprudence can help create a clearer definition of how we should interpret the law.”
Are there other legal avenues to explore besides going to court in this case?
“Going to court is always the last resort. It’s certainly advisable to first have a conversation with your employer. This also prevents a lot of frustration, negative energy, and costs, for both sides. Which dispute resolution method is applicable sometimes depends on what has been agreed upon. Mediation or arbitration can also be a good alternative.”
It’s clear: as an employee, you can refuse to wear a uniform, provided you can substantiate your objections well. As an employer, it’s therefore not appropriate to simply dismiss someone for this reason.
Best regards,
Aileen