Appropriate workplace attire: the dress code question

In a study of Australian dress code habits carried out by Indeed Hiring Lab Australia in August 2025, results found a surge of terms such as ‘casual dress’, smart casual’, or ‘dress for your day’. But what does this mean?

Jeans are ok, but fitted. You don’t need a tie, unless you’re client facing. Blazers are encouraged, but not required.

The dress code question can be a bit of a grey area, but clear guidance on what employees can and can’t wear is key.

Can businesses require employees to follow a dress code?

Yes – Australian employers can give lawful and reasonable directions about what employees wear at work. A dress code is generally considered reasonable if it:

• Relates to the nature of the work (safety, hygiene, client-facing presentation).
• Is applied consistently across the workforce.
• Doesn’t unlawfully discriminate against any employee.
• Makes allowances for genuine religious, cultural, disability or medical needs.

The key word is reasonable. “We want everyone to look professional” is a starting point, not a policy. The rules need to be specific, connected to legitimate business needs, and documented.

The discrimination risk you can’t afford to miss

This is where employers most often come unstuck.

Under the Fair Work Act 2009 and federal anti-discrimination laws, employers can’t treat an employee unfavourably because of a protected attribute. In the context of dress codes, that means:

Direct discrimination: for example, requiring women but not men to wear revealing clothing, or applying grooming standards only to one gender.

Indirect discrimination: rules that look neutral on paper but have a disproportionate impact on a particular group. A blanket “no headwear” policy is the classic example. It might seem like it applies to everyone equally, but in practice it disadvantages employees who wear religious head coverings, such as a hijab, turban or kippah. Unless there’s a genuine safety or operational reason for the rule, and you can demonstrate that, you’re exposed.

The Australian Human Rights Commission (AHRC) has clear guidance on employer obligations here, and since December 2023, employers also have a positive duty under the Sex Discrimination Act to actively take reasonable and proportionate steps to eliminate sex discrimination in their workplace — not just respond to complaints after the fact.

The practical takeaway: before employers finalise any dress code rule, they should ask themselves whether it could indirectly disadvantage a protected group. If the answer is yes,  a compelling reason is needed, plus a process for accommodating exceptions.

WHS and dress codes: the safety dimension

In some roles, what employees wear isn’t just about brand standards – it’s a legal requirement.

Under work health and safety laws, employers must provide a safe workplace. For many roles that means mandating specific PPE or safety clothing: steel-capped boots, high-vis vests, hair nets in food handling environments, jewellery restrictions near machinery, ect. Where PPE is required for safety, employers are generally responsible for providing and maintaining it.

A dress code policy should clearly separate:

• Safety requirements: what’s required under WHS law, who supplies it, and how it’s maintained.
• Presentation standards: what’s expected for brand or client-facing reasons.

The two have different legal bases and different consequences if employers get them wrong.

Six steps to put a lawful dress code in place

1. Write it down. A verbal dress code is hard to enforce and harder to defend. Employers should put their policy in the employee handbook and reference it in employment contracts.
2. Make it role-specific where it needs to be. Front-of-house, back-of-house, warehouse and office roles may have genuinely different requirements. That’s fine — just make the distinctions clear and defensible.
3. Build in an accommodation process. Include a clear, simple way for employees to request adjustments for religious, cultural, disability or medical reasons. This signals good faith and provides a process to follow if a request comes in.
4. Train managers to apply it consistently. Inconsistent enforcement is one of the fastest ways to turn a reasonable policy into a discrimination claim. If the rule applies to everyone, it needs to be applied to everyone.
5. Review it regularly. Workplace norms change, and so do workforce and business needs. A policy written in 2018 won’t reflect 2026 realities – particularly for organisations that have moved to hybrid work or changed their client-facing roles.
6. Consult before implementing. Introducing new requirements or significantly changing existing ones warrants consultation with the team before roll-out – it’s good practice, and it may flag issues before they become disputes. 

The bottom line

A clear, lawful dress code isn’t about telling people what to wear — it’s about setting consistent, fair expectations that support your brand, keep your workplace safe, and protect your business from claims.

If you’d like help reviewing your dress code policy or updating your employee handbook, our HR and employment law experts can help you put something in place that works for your business and your team. We’re offering a complimentary workplace consultation. Book your call today.