Tattoos in the workplace
For years, tattoos were considered taboo in the workplace; with some employees alleging that their employment has been terminated because of having a tattoo or they have simply not been offered a job because of it. Traditionally, tattoos were associated with bikers and gangs, but this has evolved, with tattoos gaining wider social acceptance.
A recent study by Direct 365 found that 65% of the UK believe that a person’s visible tattoo (or tattoos) should not be held against them when going for a job interview. This is unsurprising since a YouGov survey held in 2015 revealed that almost one in five people in Britain now have a tattoo of some kind.
Interestingly, more women (75%) than men (63%) were in favour of removing the stigma within the workplace.
What are the Tattoo Laws in the Workplace?
Employers can implement their own rules regarding tattoos in the workplace.
The difficulty that employees face is the law still generally tends to support employer dress code policies, with employers still retaining the flexibility to create these rules. This being said, it does not always mean that all tattoos are banned; it depends on what and where the tattoo is. It of course also depends on the employer’s industry and the type of job that an individual does. It would be suggested that an employer would perhaps not recruit a candidate with a large facial tattoo for a role which required frequent face to face appointments with clients.
Can I be Discriminated Against Due to a Tattoo?
It is very much still down to the employer’s discretion whether they hire someone based on tattoos, but there have been arguments made that discrimination of this kind should be made illegal. Currently, in the UK, laws on equality in the workplace do not cover those with tattoos as a ‘protected characteristic’, the only exception could be if they were religious or belief related markings.
If you were discriminated in the workplace due to a ‘protected characteristic’, for example, because of your race, then you would have good grounds for an employment claim under the Equality Act 2010. Many people believe that having tattoos should be added to the list of ‘protected characteristics’, as having one is frequently described as an extension of a person’s personality.
Should a person’s appearance matter if they have the correct skills required for the role? Until, and if, the law changes, having a tattoo may indeed set you back if you wish to work in the corporate world, but it is clear to see that in modern Britain there are strong arguments for change in this area.
Can I Make a Tattoo Discrimination in the Workplace Claim?
You CANNOT claim for tattoo discrimination at work as tattoos do not count as a protected characteristic. However, if your tattoo is linked or related to a protected characteristic such as a religious tattoo or belief-based tattoo, then you may have a discrimination claim.
Contact us if you think that you have a claim based on the information that we have provided above.
Tattoos in the Workplace Most Frequently Asked Questions
What Jobs do not Always Allow Tattoos?
- Healthcare professionals
- Law enforcement
- Law firms
- Reception/Administrative
- Financial
- Education
- Hospitality
- Government
These listed professions all vary in attitudes towards tattoos but on the whole, tattoos are often looked down upon in these professions and you could either be asked to cover them (if possible), remove them or risk being dismissed by the employer.
How Much Does it Cost to get a Tattoo Removed?
If your work requires you to remove a tattoo, then you should expect to pay from £50 for a small, single-session tattoo to over £1000 for a large, multi-session tattoo. You must think of the pain of removal as it is considered to be way more painful than getting a tattoo.
What Tattoos are Acceptable in the Workplace?
If you have tattoos that are not visible, then they are likely acceptable. For example, if you have a tattoo on your lower back or thigh, then no one will be able to see that and would be considered fine. However, if you have a tattoo on your hand, neck, or face then they are likely unacceptable in many workplaces as it is hard to cover them.
Can I be Fired for having a Tattoo at Work?
YES, an employer can potentially fairly dismiss an employee for having a tattoo. If the employer was aware of the tattoo before the employee started the job and still hired them but now is firing them, then that is very unprofessional.
However, if your tattoo is linked or related to a protected characteristic such as religion or belief , then dismissal could be discriminatory
If you’ve suffered discrimination at work speak to one of our Employment Law Solicitors on 033 3344 600 or email [email protected] with your request.