Legal update – The Evolving View of Tattoos: A New Era for Workplace Policies


In recent years, tattoos have become increasingly mainstream, with a significant portion of the population sporting body art. Despite this growing acceptance, tattoos in the workplace remain a contentious issue, raising questions about employee rights, employer policies, and the potential impact on talent acquisition.

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.

Employers are entitled to implement dress codes and appearance policies that align with their business needs and professional image. However, these policies should be applied consistently and fairly to avoid potential claims of discrimination. It’s essential for employers to ensure that their policies do not disproportionately affect certain groups and that they are based on legitimate business reasons rather than personal biases.

Historically, tattoos have been associated with rebellion and non-conformity, leading to a stigma that persists in many professional environments. Certain industries, such as law, healthcare, and finance, have traditionally frowned upon visible tattoos, viewing them as unprofessional or distracting. This perception can result in qualified candidates being overlooked simply because of their appearance.

On the other hand, there is a growing argument that employers who maintain strict no-tattoo policies may be missing out on a vast pool of talent. As tattoos become more common across various demographics, the workforce is increasingly diverse in its appearance. By maintaining rigid stances on tattoos, employers risk narrowing their talent pool and missing out on skilled individuals who can contribute significantly to their organisations. In industries facing talent shortages, such exclusions can be particularly detrimental.

There are signs that attitudes towards tattoos in the workplace are shifting. In May 2022, Virgin Atlantic became the first UK airline to allow cabin crew to display visible tattoos. Previously, uniformed employees were required to cover tattoos with long sleeves, plasters, or makeup. The policy change aligns with the airline’s focus on inclusion and individuality.

In September 2018, the Metropolitan Police Service (MPS) updated its policy to permit new recruits to have visible tattoos, aiming to enhance recruitment efforts and reflect evolving societal norms. The updated guidelines, detailed in the MPS Dress Code and Appearance Policy, specify that visible tattoos are acceptable provided they are not on the face or the front or side of the neck above the collar line. Tattoos behind the ear lobe on the back of the neck are also permissible. However, tattoos deemed discriminatory, offensive, or undermining political neutrality remain prohibited.

In 2014, Starbucks reconsidered its no-tattoo policy for baristas, which previously required employees to cover tattoos while on the job. The company sought to balance self-expression with professionalism, acknowledging the importance of allowing employees to showcase their body art.

The implications of tattoo-related employment policies are significant. For one, companies that embrace diversity in appearance may find it easier to attract and retain top talent. Employees who feel accepted and valued for who they are, rather than judged for their appearance, are likely to be more engaged and productive. Additionally, a more inclusive workplace can enhance a company’s reputation, making it more appealing to both potential employees and customers.

Conversely, companies that continue to enforce strict no-tattoo policies may struggle to fill positions, particularly as younger generations, who are more likely to have tattoos, enter the workforce. This could lead to a talent shortage and hinder a company’s ability to innovate and compete in the market.

The debate over tattoos in the workplace is far from settled. However, it is clear that the landscape is changing. Employers who adapt to these changes and embrace a more inclusive approach to hiring are likely to benefit from a more diverse and talented workforce. As societal norms continue to evolve, it is crucial for companies to reassess their policies and consider the broader implications of their stance on visible tattoos.

By fostering an environment that values skills and qualifications over appearance, employers can ensure they are not missing out on the wealth of talent that exists within the tattooed community.

To balance professionalism with inclusivity, employers should consider the following:

  • Review Appearance Policies: Ensure that dress codes and appearance policies are up-to-date and reflect current societal norms. Policies should be clear, consistent, and justifiable based on business needs.
  • Focus on Performance: Evaluate employees and candidates based on their skills, experience, and performance rather than solely on appearance.
  • Promote Inclusivity: Foster a workplace culture that values diversity and personal expression, which can enhance employee satisfaction and engagement.

By adopting a more flexible approach to tattoos in the workplace, employers can create an environment that respects individual expression while maintaining professionalism, ultimately benefiting both the organisation and its employees.