It has been reported that some 20% of the UK population have a tattoo and they are more popular than ever. From the Prime Minister’s wife to sports icons like David Beckham, tattooed individuals are to be found in all walks of life and in all parts of the country.
But tattoos could jeopardise both securing employment and maintaining employment. Many employers have policies which prohibit tattoos in the workplace. So if there is a clear policy prohibiting tattoos and an employee turns up to work with a tattoo he or she could be fairly dismissed providing a fair dismissal process was followed.
However, people issues are never straightforward. Employees are protected in law from being discriminated against on grounds of their religion or belief. If the tattoo is part of a genuinely held religion or belief and that religion or belief prohibits the employee from covering the tattoo up, the employer may need to allow an exception to any ‘no visible tattoo policy’. This is because employers are obliged to reasonably accommodate genuinely held religious or philosophical beliefs. If an employee can demonstrate that they are disadvantaged by a ‘no visible tattoo policy’, then an employer would need to prove that there is a real business need and that the tattoo policy is reasonably necessary to achieve that aim.
When it comes to tattoos, employers should be aware of potential difficulties before developing and enforcing a tattoo policy. It may also be wise to ask any employee about their tattoo to find out whether there is a religious basis for it that prohibits them from covering it up.
Finally consider the hiring process. If the interviewer notices tattoos on a man’s arm and accepts it, but then had an adverse reaction to a tattoo on a woman’s arm and treats her less favourably than the male applicant for a job, this could amount to sex discrimination.
So whoever you are, you can’t hide away from tattoos.
Dr Hugh Billot
HR GO Group of Recruitment Companies
HR GO Recruitment offers solutions to all your staffing needs, temporary and permanent, please call 0845 130 7000
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