Search

How can we help?

Icon

Heels and Dress Codes: temp worker seeks to stamp down on sex discrimination

This week has seen the widely reported story of Nicola Thorp, a temporary receptionist, who was sent home without pay for refusing to wear heels at work.  Ms Thorp started an e-petition seeking to give women the choice whether to wear flats or heels at work and, to date, has in excess of 100,000 signatories, triggering the possibility of a Parliamentary debate on the issue.  The company concerned has now amended its policy to allow female workers to wear flats.  So, in light of this, what is the law regarding high heels at work?

Firstly, under health and safety legislation, employers must ensure employees wear safe and suitable clothing and footwear at work.  A policy requiring women to wear heels in clearly inappropriate settings, such as a factory or construction site, would potentially breach this, as well as the employers’ common law and contractual duties to ensure their employees’ safety in the workplace.  Whilst the wearing of heels in more suitable environments, such as an office, is less likely to breach health and safety, medical evidence suggests that the prolonged wearing of heels risks long-term joint damage and osteoarthritis, so employers would need to consider limiting the time at work employees are required to wear heels.  Also, employees with pre-existing health conditions or disabilities which would be exacerbated by wearing heels would need to be excluded from the heels-only rule.

Ms Thorp’s petition also highlights an argument that obligatory heels amounts to direct sex discrimination.  Direct sex discrimination occurs when one employee is treated less favourably than another because of sex.  There will be no discrimination solely because men are not required to wear heels.  What is key is whether a woman is treated less favourably.  To ensure equality men and women must be subjected to an equivalent level of smartness in the clothes they must wear. The issue in the present case,  assuming male comparators must also wear smart business shoes, is whether compulsory heels would subject women to an equivalent level of smartness so that they are treated no less favourably.  This will ultimately be determined on whether flats can achieve the same level of smartness and whether a heels-only rule subjects women to a materially more onerous dress code than men.  Given the health and safety risks of prolonged heel wearing, a tribunal may well conclude that a heels only policy amounts to less favourable treatment.

 

Ms Thorp started an e-petition seeking to give women the choice whether to wear flats or heels at work and, to date, has in excess of 100,000 signatories.

A further issue is the reason for requiring heels.  If the employer’s objective of heels is to overtly sexualise female employees, not only will this amount to sex discrimination but also harassment by creating a working environment which violates the female’s dignity, or creates a hostile, degrading, humiliating or offensive environment for that employee.  Tribunals have found that deliberately tight fitting and low cut uniforms can amount to unlawful harassment.

Dress codes are undoubtedly a potential minefield, not only due to sex discrimination, but also due to risks of religious discrimination as seen in many high profile appeal court decisions.  Give our employment law experts a call who will be more than happy to help you frame a policy which minimises these risks.

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

Pub
  • 07 May 2026
  • Employment

Employment Rights Act 2025: Key Changes for Employers

Join Katie Glendinning and Lucy White for a live webinar as they break down the key changes introduced by the Employment Rights Act 2025, offering clear insights into what these reforms mean in practice for employers and HR professionals.

art
  • 07 May 2026
  • Public Procurement

What the First Procurement Act 2023 Judgment Means for Automatic Suspension

It has been more than a year since the Procurement Act 2023 (PA23) came into force in February 2025, and the long wait for the first High Court judgment on the Act to be published is finally over.

art
  • 06 May 2026
  • Corporate and M&A

Community Interest Companies – What do you need to know?

This article seeks to provide an overview of the CIC structure’s key characteristics, the types of enterprises it suits, and some practical tips on the application process.

art
  • 06 May 2026
  • Privacy and Data Protection

Use of Personal Devices at Work: Why a Bring Your Own Device Policy is Essential

If you have employees who bring their own devices into the workplace and use said devices to deal with company data, you may want to consider a Bring Your Own Device (“BYOD”) policy.

art
  • 29 April 2026
  • Privacy and Data Protection

UK Data Protection – what’s new?

Having come into force on 19 June 2025, it comes as no surprise that we are now seeing the effects of the Data (Use and Access) Act 2025 (‘DUAA’). This article highlights a few of DUAA’s fundamental reforms, delves into one in particular, and examines how this will impact the recruitment sphere.

art
  • 29 April 2026
  • Employment

Employment Rights Act: Changing key contract terms will be harder from January 2027

The Employment Rights Act 2025 (“ERA 2025”) introduces a new regime that restricts how employers can change certain core contractual terms, with the key provisions now expected to commence on 1 January 2027.