Workplace Dress Codes (High Heels)

Helen Jones Excerpts

Monday 6th March 2017 Westminster Hall

[Helen Jones (Warrington North) (Lab)]

I beg to move,

That this House has considered e-petition 129823 relating to high heels and workplace dress codes.

It is a great pleasure to see you in the Chair, Mr Hanson. I also wish to discuss the joint report by the Petitions Committee and the Women and Equalities Committee on the same subject.

Hon. Members here will remember how the petition came about. Nicola Thorp, who created the petition, worked for an agency called Portico. In December 2015, she was sent for a job as a temporary receptionist at the headquarters of PricewaterhouseCoopers in London. When she arrived, she was told that the smart black shoes she was wearing were unacceptable because they were flat; at the time, Portico’s dress code specified a heel height of between two and four inches—for women, not men. She was offered the opportunity to go out and buy a pair of high heels. When she refused, she was sent home without pay.

Two things immediately struck me about that story. First, there was never a suggestion that Ms Thorp was not smartly dressed; anyone who knows her knows that she is impeccably turned out at all times. Secondly, it was clear that wearing high heels was a requirement that impacted far more on women than on men. In fact, most of Portico’s dress code at the time—to its credit, it has since changed this—was about how women should look. Not only were women to wear high heels, but they were compelled to wear make-up. It was specified that they should wear a minimum of foundation, powder, light blusher—I am not sure whether “light” referred to its colour or its application—mascara, eye shadow and lipstick or tinted lip gloss: not just any old lip gloss, but tinted lip gloss. Make-up was to be regularly reapplied throughout the day, and women were excused from wearing it only if they had a medical condition.

Women also had to wear what were described as skin-coloured tights, but the sort of skin-coloured tights that I would wear—taupe, natural tan and so on—are not at all suitable for women of colour. In fact, at one time, a black woman who turned up in black tights was told she should change them for a flesh-coloured pair, which were, of course, not the colour of her flesh at all. Portico even specified the acceptable shades of nail varnish; there was a colour chart.

The Petitions Committee decided to investigate these issues, and asked the Women and Equalities Committee to join us; I am very grateful to members of that Committee for their help and support on this. We took evidence from employees and Portico, the TUC and the Institute of Recruiters; the Confederation of British Industry declined to give evidence—an attitude it might want to rethink in future when dealing with my Committee. We also heard from barristers who specialise in employment law, and most importantly from women themselves; we set up a web forum on which they could tell us their experiences.

It is fair to say that what we found shocked us. I was going to say that we found attitudes that belonged more in the 1950s than in the 21st century, but the 1850s is probably more accurate. We found that women—especially young women in vulnerable employment—were exploited at work and threatened with dismissal if they complained. They were forced to bear pain all day, wear totally unsuitable clothing for the tasks they were asked to perform, or dress in a way that they felt sexualised their appearance and was demeaning but which they had to put up with if they needed a job. For that reason, I am very grateful to the women who came forward to give evidence to us in public, because that took a great deal of courage—courage that I would probably not have had at their age.

Let me deal with high heels first. There are people who think that we should not have investigated this at all—in fact, they think it is a bit of a joke. Yes, it is true that women sometimes wear high heels, but there is plenty of evidence about the damage from wearing heels long term; that is well known and has been for some time. We received written evidence from the College of Podiatry and individual podiatrists on our web forum setting out just what that damage is. Wearing high heels long term alters balance, reduces flexion in the ankle and weakens calf muscles. Over time, that can make women much more prone to a number of problems, including stress fractures, Morton’s neuroma, ankle sprains and bunions, and it causes a reduction in balance that lasts into old age, putting people more at risk of falls.

Most importantly, we heard from women who told us that they were forced to wear high heels even during pregnancy; that their feet hurt so much at the end of the day that they could not walk; and that their feet bled while they were working. When they tried to raise those issues, they were dismissed. Nicola Thorp told us that:

“Girls would be in tears because their feet were bleeding…and you’d just get laughed at”.

That is not a joke for any woman—it is particularly not a joke for older women who may not be able to wear heels or for women with disabilities. In fact, many women gave evidence that they were put off applying for certain kinds of jobs because of the dress codes. That evidence was confirmed by the director general of the Institute of Recruiters, who told us that such dress codes “definitely” reduced the pool of women applying for jobs. We also heard how unsuitable being made to wear heels was for the tasks that those women were expected to perform at work, such as moving furniture, walking long distances—we heard from people who had been in cabin crew and had to walk long distances in airports—standing all day and even climbing ladders. It was not funny.

We discovered that few employers carried out a health and safety assessment on this issue. Portico told us that it had not done so, and it is not alone. We heard evidence from both the TUC and the Institute of Recruiters that there is very little information available to employers about this kind of footwear problem; there is plenty of information online and on the ACAS website about when people should wear steel-toe-capped boots and so on, but there is not very much on the health and wellbeing issues surrounding footwear.

Dress codes that impact more on women go much further than making them wear high heels. We heard from women who could not even travel to work without wearing full make-up or else they would be disciplined. We heard from cabin crew who were all forced to wear the same shade of lipstick. We heard from women who were told near Christmas to unbutton their blouses a bit when selling to male customers. We even heard of a women being told to dye her hair blonde.

The problem with these issues is not just that they are discriminatory and impact more on women; it is that they both stem from and feed into an attitude to women in the workplace that is totally reprehensible and concentrates on a stereotypical appearance, rather than on skills that women can bring to the job. Our witnesses told us how demeaning they found that.

One woman who had worked as a cabin crew member told us that she thought her appearance was sexualised for the sake of the business, which was both dehumanising and humiliating, given that male cabin crew were simply expected to look smart; those of us who fly regularly will know exactly what she meant by that. Another woman who worked in retail was told near Christmas to unbutton her blouse a bit and wear shorter skirts to sell to male customers, which she felt devalued her skills as a saleswoman and her knowledge of the products.

It gets worse. Frequently, these issues go hand in hand with a work environment in which women are harassed and younger women in particular have to put up with daily comments about their bodies from managers and are exposed to unwanted attention from customers. We heard, for instance, of women being asked when they were finishing work; of women receiving unwanted attention online, amounting to harassment; of people trying to find out where women lived or, if they were abroad, what hotel they were staying in; and even of women being followed home from work by customers. All that is unacceptable in the 21st century. It degrades women.

The Government think that the law is fairly clear on this. In their answer to the petition, they were clear that the requirement to wear high heels, as experienced by Nicola Thorp, is illegal under the Equality Act 2010. We received some legal evidence that suggested the law is not quite so clear. The legal opinions we heard suggested that a conventional dress code, for want of a better term, might not constitute direct discrimination under the Equality Act, because men and women tend to dress differently. However, if that dress code impacted more on one sex than another, it was likely to be indirect discrimination. The problem is that indirect discrimination can be justified if it is reasonably necessary in pursuit of a legitimate end, but there is not a proper definition of “legitimate end”.

More importantly, not only can tribunals decide cases differently in different parts of the country, but very few cases are getting to tribunal at all. We heard that there is very little case law or advice for employers. When I asked the managing director of Portico, during our evidence session, whether it had occurred to him that his company’s dress code might be discriminatory, he said that it had not at all. That is one reason why we suggest that the Government need to provide much more information to employers about not only the health and safety aspects of their dress code but what may constitute discrimination. That is particularly true for smaller employers that do not have in-house solicitors and HR departments.

[Ben Howlett (Bath) (Con)]

The hon. Lady is making a powerful case. The evidence in our hearings about what is happening on a day-to-day basis was pretty shocking, to be completely honest—particularly as a man. My question relates to the information provided for not only businesses but individuals. It is quite clear that we are not seeing enough cases coming forward. Where can information become available, so that there is greater resilience within the group of women affected by this?

[Helen Jones]

The hon. Gentleman is quite right, and I will come on to that issue later in my speech. It is very important that people have information about their rights, but information by itself is not enough.

We found that there were real issues about enforcement and access to justice. Women told us that when they raised these concerns, they were belittled. One said,

“I was told that I would be fired straight away if I chose to put flats on.”

Another was told that she would have plenty of time to rest her feet when she was unemployed. Women do not take these matters further for several reasons. Many of them are in insecure employment; they may be on fixed-term or zero-hours contracts. They may not have worked for long enough to bring a claim against their employer.

Awards in this area are fairly low. We were given a ballpark figure of £250 to £1,000, which is less than the cost of going to a tribunal nowadays. That is simply not good enough. A right that cannot be enforced is not a right at all. We also found that these cases were not getting as far as a tribunal all the time. That is why we are calling on the Government to look at increasing the penalties on employers for breach of the law. Penalties should be set at a level that does not discourage people from bringing a claim but disincentivises employers from breaking the law. As one of our witnesses said, in the current climate, employers take a punt that no one will bring a claim.

We have a situation where not only is this happening in an insecure workforce, but because the Equality and Human Rights Commission’s budget has been cut, it is no longer bringing as many test cases to test out the law. We are in the same position with the Equality Act as we were many years ago with the Equal Pay Act 1970. The Equality Act sets out general principles, but because English law proceeds by an accumulation of case law it needs to be fleshed out by people bringing cases. We also think that if the Government gave tribunals the power to issue injunctions to stop the use of discriminatory dress codes, these cases could be dealt with more quickly.

Funding and access to justice are key issues. We are very grateful that since our report was issued, the Equality and Human Rights Commission has told the Equality Advisory and Support Service to notify it of any cases involving dress codes, so that it can decide whether litigation and enforcement action are required. We are also grateful that it has started a campaign on social media to inform women of their rights. However, as the hon. Member for Bath (Ben Howlett) said, much more needs to be done. We are calling on the Government to start a campaign targeted at areas where people are most vulnerable, such as the hospitality industry, to inform employees of their rights and employers of their obligations.

[Alex Chalk (Cheltenham) (Con)]

To build on a point the hon. Lady has made, does she agree that it is one thing to inform people of their rights, but it is critical that employment tribunal issue fees are set at an affordable level, so that people can exercise their rights and seek a remedy in the courts?

[Helen Jones]

I absolutely agree. Since the fees were raised in 2013, these cases have fallen off a cliff; they are not being brought any more. We have to remember that many of these women work in non-unionised workplaces, so a union cannot bring a claim. The Equal Pay Act was extended by unions bringing test cases on behalf of their workforce. That is not happening any more.

Ultimately, women must be able to enforce their rights. If only those who are well paid and in secure jobs can do that, not those who are low paid and in insecure employment, we do not have equality. If older women or women with disabilities are deterred from applying for jobs because of the dress code, we do not have equality. If women are forced to bear pain all day at work or put up with a toxic working environment, we do not have equality. If young women are subject all the time to comments about their bodies at work, we do not have equality. What our Committee thought would be a nice, limited inquiry exposed a number of issues in the workplace that will need further study and action by the Government.

[Ben Howlett]

I thank the hon. Lady for giving way again; she is most generous. One issue that has come up time and again, not just in relation to this report but from the women and equalities perspective generally, is the fact that the concept of dual discrimination is not enshrined in the Equality Act currently. The hon. Lady makes a powerful point in relation to both age and gender. Does she agree that it would be appropriate for the Government to consider implementing the dual discrimination provisions to help women to bring their cases to trial?

[Helen Jones]

Yes, I could not agree more; the hon. Gentleman is right about that issue. We also say that if the existing law is not shown to be working, the Government need to take action to clarify the law.

As I said, we thought at the beginning that this would be a short inquiry, but it has exposed a number of issues in the workplace: widespread discrimination against women; stereotypical views of what women should look like, dress like and behave like; outdated attitudes towards women in the workplace; and the constant belittling of women when they try to challenge those attitudes. The conclusion that I have come to is that we have a long way to go to solve these problems but I hope that the Government will take them seriously, because women in the workplace deserve—everyone in the workplace deserves—better than that stereotyping, better than the pain and inappropriate clothing that they are forced to put up with, and better than the attitudes that women encounter every day.

I think, as a Member of Parliament, that we have undergone a long struggle for women to be accepted in this place, but our life is a bed of roses compared with that of women in low-paid and insecure employment and what they have to put up with every day to keep their jobs. I hope that the Minister sees that this is not a trivial issue but a very serious one that affects women every day at work. The Government must now take it seriously.

--- Later in debate ---

[Helen Jones]

I thank all colleagues who have spoken in this debate. Among the parliamentarians here, I see women of different ages, shapes and heights. We have all managed to do our job without anyone telling us how to dress—funnily enough, it does not matter. We need to get that message across to employers.

My hon. Friend the Member for Sheffield, Brightside and Hillsborough (Gill Furniss), who has had to leave the debate, spoke about the impact that wearing high heels can have. My hon. Friend the Member for Heywood and Middleton (Liz McInnes) rightly said that the best dress codes are limited in scope and do only what they have to do. My hon. Friend the Member for Dewsbury (Paula Sherriff) pointed out how degrading many women find the requirements imposed on us. The hon. Member for East Renfrewshire (Kirsten Oswald) brought to bear her own experience of working in personnel and set out what needs to be done. As many hon. Members have said, a clear message needs to go out today that employers need to review their practices in this area. I was pleased to hear that the Minister has written to trade bodies to get them to remind employers about their duties under the Equality Act 2010, because too much discrimination still goes on in the workplace.

Anyone who suggests that a woman can only do her job wearing 3 or 4 inch heels does not understand the job and has never spent the day in heels. Anyone who suggests that we choose an airline based on the shade of lipstick worn by the female cabin crew really needs to wake up and smell the coffee. It is outrageous that such things are still going on today. Equality in the workplace should be a given; it should not be something that people constantly have to fight for. It benefits employees, but in the long term it also benefits employers, because it gives them a much more diverse workforce with different skills and attitudes.

I am glad that the Minister has made it clear today that she shares our concern about discriminatory behaviour and that she knows that it is unacceptable. I look forward to the Government’s response to the Committees’ report. In the end, however, women have to be able to enforce their rights; we can get only so far with information and exhortation. At the end of the day, people need to go to a tribunal. It is a long time since I practised law, because I have been here in Parliament for nearly 20 years, but I do not see a difference between what the Minister calls a “strategic” case and a test case. I think they are exactly the same thing and I will be glad to see the Equality and Human Rights Commission taking on some further cases in this area.

I also thank Nicola Thorp, who started this petition. Already, it has achieved a great deal and I hope that we will achieve more in the long term. She put her head above the parapet and endured a lot of abuse on social media for doing so. As I said before, these issues are not trivial; they contribute to a toxic atmosphere in the workplace that demeans women and does not give them equality. I hope that we shall move on from our report to ensure that such equality becomes not just an aspiration but a reality in the workplace for all women, even those who are poorly paid and in insecure jobs.

Question put and agreed to.

Resolved,

That this House has considered e-petition 129823 relating to high heels and workplace dress codes.