Can you sack a worker for getting a tattoo?
Employers can ban employees from having visible tattoos
Employers are entitled to insist on particular standards of appearance for their staff. However, such standards should be set out in written workplace policies.
Job applicant denied employment due to visible tattoo
A 21-year-old woman applying for work as an airline flight attendant was told she was suitable for the job, but then the interviewer noticed she had a small tattoo of an anchor on her ankle.
She was told that she could not be employed, as the airline had a no-tattoo policy, but that she could come back if she had the tattoo removed.
Employers have a right to demand particular standards of appearance
According to the National Health and Medical Research Council, one in seven Australians has a tattoo. However, not all employers are prepared to allow their staff to have visible tattoos.
Employers are entitled to insist on particular standards of appearance in order to maintain the company’s image. This means that employers can ban their employees from having tattoos and the more radical forms of embellishment such as facial piercings or unnatural hair colour, such as green or purple.
Employers can also refuse to employ someone whose appearance does not meet the prevailing standard.
Employers can only ban visible tattoos
It is worth noting that employers cannot ban tattoos or piercings on principle. The need to maintain specific standards of appearance allows employers to ban tattoos and piercings which are visible, not those which are concealed when the employee is wearing normal work clothes or the staff uniform.
Tattoos for religious, ethnic or cultural reasons
Under Australian anti-discrimination legislation, it is illegal for an employer to discriminate against an employee – or prospective employee – on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, ethnic, national or social origin.
What this means is that if a person has a tattoo for religious, ethnic or cultural reasons, such as a Pacific Islander or Maori, it could be considered to be discrimination to refuse to employ them because of the tattoo.
Protecting your business from unfair dismissal claims
If you have certain expectations of your employees regarding appearance, you should have a clear, written policy setting out the relevant rules. This policy should be clearly articulated to employees before they accept the job.
It is prudent for employers to seek legal advice on how best to formulate this and other workplace policies. Failure to implement a properly drafted policy regarding staff appearance could leave you exposed to an unfair dismissal claim, as an employee could claim they had no idea that tattoos were a sacking offence.
About Nathan Luke:
Nathan is Director of Stacks Law Firm, Ballina/Byron Bay. He has over 20 years’ experience in employment and industrial law, litigation, workers compensation and work health and safety matters for workers, employers and insurers. He also provides general strategic business advice for his many fast-growing employer clients. Nathan has a unique set of skills and is known for his pragmatic approach and for his lateral thinking problem solving in urgent and difficult workplace and commercial matters.