Fired for having visible tattoos: What are your rights?
Can your employer fire you for having visible tattoos, particularly if nothing was said about appearance requirements when you first applied for the job, or if there’s nothing about them in your employment contract?
In this post, we’ll explore whether having tattoos can legally be used as a reason for dismissal, what rights you have in the workplace when it comes to personal appearance, and what you can do if you’ve been fired because of your tattoos.
See also our Guides on Unfair Dismissal and on Employment Contracts.
Tattoos and the law: Where do you stand?
Having a tattoo is now very common in the UK, but the law doesn’t specifically protect people from discrimination based on tattoos.
Unlike characteristics such as age, race, gender or disability, having tattoos is not a protected characteristic under the Equality Act 2010. This means employers can generally set their own rules about appearance and dress codes, provided those rules are applied fairly and consistently.
Most employers include something about appearance in their policies or employment contracts, and these can lawfully require you to cover up visible tattoos while at work, especially in customer-facing roles.
Is it fair to be dismissed for having tattoos?
Employers in the UK have the right to decide who they employ and can set standards for appearance, including whether visible tattoos are allowed.
If you are dismissed because of your tattoos, especially if you were not told about any policy before you started the job, it may feel deeply unfair, but unfortunately, the law is often on the employer’s side in these cases.
If you have less than two years’ service, you generally have very limited rights to claim unfair dismissal. Most employees need two years of continuous employment before they can challenge their dismissal at an employment tribunal.
There are some exceptions for dismissals connected to discrimination or certain ‘automatically unfair’ reasons, but visible tattoos are not one of them.
Can dismissing someone for having tattoos ever be discrimination?
There are rare situations where being dismissed for having tattoos could potentially cross into unlawful discrimination – but only if the tattoo is linked to a protected characteristic. For example:
- If your tattoo is connected to your religious beliefs (such as religious symbols)
- If your employer’s policy about visible tattoos is applied inconsistently, for instance, targeting certain cultural backgrounds
In these cases, you might be able to argue that your dismissal amounts to indirect discrimination. However, this can be very difficult to prove and is not often successful, especially where employers can show a genuine business reason for their rules on appearance.
What should you do if you’ve been fired for having tattoos?
If you find yourself in this situation, here are five practical steps you can take:
- Ask for written reasons: Ask your employer (politely) to put the reasons for your dismissal in writing. This can help clarify whether tattoos were the only issue or if there were other factors.
- Check company policies: Review any dress code or appearance policies you were given. Were you made aware of these before you started work?
- Check your employment contract: Carefully review your employment contract to see if it makes any mention of appearance requirements and/or restrictions.
- Consider an informal appeal: If you believe you’ve been treated unfairly, you can raise the issue informally with your employer or HR department.
- Get advice: Even though your options are limited, it’s still worth seeking expert employment law advice from a specialist employment law firm such as Monaco Solicitors, so as to understand your position and discuss your next steps.
Are there any legal routes worth pursuing?
Unless your situation relates to a protected characteristic or involves other factors (such as breach of contract or promises made to you), legal avenues are unfortunately very limited.
However, if you think you have been dismissed for a reason connected to discrimination, whistleblowing, or something covered under ‘automatic unfair dismissal,’ you should seek expert legal advice from specialist employment law solicitors – like Monaco Solicitors – as soon as possible.
If you think your dismissal was handled particularly badly – for example, with offensive or discriminatory comments – you could possibly raise a formal grievance or even claim for injury to feelings. These types of claims are complex, so it’s vital to get tailored advice before taking any action.
Contact us
Being fired because you have tattoos can feel both unfair and personal. Monaco Solicitors are specialist employment law solicitors who only represent employees and workers, never employers. We can help you explore your options if you feel you’ve been dismissed unfairly or discriminated against.
Get in touch for a confidential, no-obligation discussion about your case:
By email: communications@monacosolicitors.co.uk
By phone: 020 7717 5259
Or via our contact form here or in ‘Do I have a Case?’ below
