What you need to know about staff uniforms and dress codes
Do you require your team to wear a uniform or do you have a dress code you expect your employees to meet? This needs to be agreed between you and the employee as part of the employment agreement. Even if you say that a uniform is part of the role, you cannot enforce this without an agreement in writing.
Who pays for uniforms?
The employment agreement should include a clause outlining the uniform requirements, including what the uniform consists of who pays for it and who pays for dry-cleaning if required.
Some common options include:
- you provide the uniform, but the employee covers the cleaning costs
- you provide the uniform and pay the employee a laundry allowance to cover the cleaning cost
- you provide and clean the employee’s uniform.
If you want employees to wear a uniform, we recommend that you provide this. You may ask your employees to provide their own uniform where this is generic clothing such as a white or black t-shirt or all black attire. In this case you will need to explicitly state your expectations in the employment agreement.
If you are providing a uniform, we recommend you also state the process for replacement items.
Please note that if the uniform is part of health and safety requirements, you must provide all appropriate protective equipment and suitable protective clothing at no cost to the employees.
Other things to note
Do you have a dress code?
Employees can interpret dress codes differently. If you want to enforce a dress code such as professional attire or business casual, ensure you include examples of what this means to you.
Name badges
If you require your employees to wear a name badge, you are required to ensure that their health and safety is protected under the Health and Safety at Work Act 2015. This means that you can’t make your employees wear a name badge that displays their full name. This is to protect their privacy and to protect them from actual or potential harm, for example from members of the public. If your employee is concerned about displaying their first name on a name badge, you should agree on an alternative name for them to display.
We recommend that all terms related to the above are agreed between you and the employee in a written employment agreement.
Common mistakes with uniform clauses and policies
Being unreasonable
Don’t be too limiting if there are aspects of a person’s appearance you find challenging. This might breach their human rights.
Asking employees to buy their own uniforms
The employer usually pays, unless it’s a generic uniform, e.g., white top and black shoes, and the employee agrees to provide it themselves.
Telling employees where to buy their generic uniform
If the employee provides their own generic uniform, they get to choose where to buy the clothing, the brand and the cost. The clothing remains their property.
Taking the cost of unreturned uniforms from pay
Your employee must agree to any deductions, unless they provided their own uniform. It’s a good idea to set this out in a separate letter of agreement, and your employee should sign it.
If you have any questions, contact our Advice Service on 0800 472 472 (1800 128 086 from Australia) or email [email protected].
