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Tattoos in the workplace | Employers’ questions answered
Written by Kyle Williams on 29 October 2024
Tattoos in the workplace have long been a contentious issue. Despite becoming more mainstream, many employers still consider them unacceptable, and stories of ‘tattoo discrimination’ continue to emerge.
The statistics reflect the lingering taboo:
- According to a 2022 YouGov poll, 63% of the public say they would consider face and neck tattoos to be unprofessional.
- According to a 2018 LinkedIn survey, 88% of recruiting/HR managers think that having a tattoo could potentially limit someone’s career prospects, and four in 10 admitted rejecting a suitable candidate because they had a visible tattoo.
This could be alarming for employees, as YouGov reports that a quarter (26%) of the British public have tattoos, and one in nine (11%) have at least one visible tattoo, on the head, face, neck, forearms, wrists or hands.
So, where does this leave the longstanding debate about tattoos in the workplace?
What does the law say about tattoos at work?
It’s clear that some employers disapprove of body art and tattoos in the workplace, but what are the laws surrounding tattoos at work, and what legal protections exist for both employees and employers?
In the UK, there is no specific legal protection against discrimination based solely on having a tattoo. Apart from religious markings, body art is not considered a protected characteristic under the Equality Act 2010; therefore, employers are free to make hiring and employment decisions on this basis alone.
What’s more, employers may, in certain circumstances, consider visible tattoos – especially those deemed offensive or inappropriate – as a valid reason for dismissing an employee. This is particularly true if the employee regularly engages with clients or customers, though factors such as the employee’s length of service may also influence the decision.
Finally, when creating or revising a dress code or tattoo policy, it’s important to make sure it doesn’t discriminate against employees based on factors like sex, age, disability, or sexual orientation.
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Can employers set their own policies regarding tattoos at work?
As Stephen Williams, Acas’ Head of Equality, states:
“Businesses are perfectly within their right to have rules around appearance at work, but these rules should base themselves on the law where appropriate, and the needs of the business, not managers’ personal preferences about visible tattoos in the workplace.”
While it’s reasonable for companies to implement a tattoo policy and promote a professional image, employers who enforce overly strict rules on body modifications risk alienating skilled workers – particularly from younger generations – due to potentially outdated views on tattoos. By holding onto such rigid attitudes, businesses may miss out on valuable talent in a competitive job market.
What are inappropriate tattoos at work?
Tattoos come in all forms, and the people who get them are just as diverse, making it hard to define what’s ‘inappropriate’ at work. What may be considered unacceptable in one context could be perfectly acceptable in another.
For example, David Beckham OBE has nearly 80 visible tattoos and is widely respected as a UNICEF Goodwill Ambassador and FIFA representative. His tattoos aren’t seen as inappropriate in his professional roles. A city investment banker, on the other hand, might have just as many tattoos but may choose to keep them covered in the workplace, as appearance holds different weight in this industry.
Indeed, one survey found that 75% of Britons find visible tattoos acceptable for workers in customer-facing roles, such as budget airline attendants or retail staff, and 73% hold the same view for firefighters. Interestingly, around 30% even consider face and neck tattoos acceptable for these roles.
This shows that what is deemed inappropriate or unprofessional varies greatly depending on the industry and specific job requirements, underscoring the need for flexible, context-sensitive tattoo policies in the workplace.
What about offensive tattoos?
Offense is subjective; what one person may deem an offensive tattoo in the workplace may be perfectly acceptable to someone else. Nonetheless, maintaining a positive working environment and keeping multiple employees happy is essential.
One obvious example of an offensive tattoo would be a swastika, which evokes strong feelings due to its association with the Nazi party. The swastika has a much older history, originating from Sanskrit and symbolising “good fortune” or “wellbeing”. It’s also a sacred symbol in Buddhism, Hinduism, and Jainism. This illustrates how the same tattoo can hold vastly different meanings for different individuals.
Therefore, before taking action against an employee for a potentially offensive tattoo, it’s important to review workplace laws and policies regarding the subject matter of any disputed body art to avoid accusations of discrimination.
Are times changing?
Over the years, many employers have gradually become more relaxed in their attitudes towards visible tattoos in the workplace. However, turning up to work or a job interview with a prominent face tattoo is still likely to raise eyebrows, even in 2024. Many highly skilled professionals have chosen to get religious or personal body art, only to face discrimination at work as a result.
Adopting a more lenient policy regarding tattoos in the workplace could benefit both businesses and young professionals who want to express themselves. After all, a person’s tattoos, piercings, or hair colour doesn’t their character or ability to do the job, and allowing employees to bring their authentic selves to work can foster a more inclusive and engaging workplace, resulting in better business outcomes.
While the law doesn’t provide comprehensive protection for either side, employers should familiarise themselves with regulations surrounding tattoos in the workplace so that they can make fair and informed decisions and avoid potential legal pitfalls. In most cases, issues can be resolved through open communication and mutual understanding.
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