With employers being warned they could be missing out on top staff because they are rejecting candidates with tattoos, leading law firm Buckles Solicitors LLP has some advice.
The recent news from conciliation service Acas suggests negative attitudes about visible tattoos are out-dated – and employers could be missing out on potential recruits because so many people now have tattoos.
Employment solicitor Nicky Cockerill said: “The discussion as to whether tattoos are acceptable in the workplace and the perception that an individual’s tattoos affect their ability to fulfil their role has become a hot topic in recent days.
“It is apparent that tattoos are more acceptable in some workplaces than in others. For example, individuals employed in creative roles, such as graphic designers and artists, often have tattoos or some form of body art and it is considered to be an expression of oneself.
“But on the other hand, it would appear to be less acceptable for individuals employed in other professional roles, for example in the financial sector or medical profession, to have tattoos.”
However, does it make a difference if the tattoo is visible or hidden under clothing?
Nicky added: “Arguably, if the employer cannot see the tattoo then they cannot object that an employee has one. If, on the other hand, the tattoo is visible then should this be an issue for the employer.
“Likewise, the issue of whether having a tattoo makes a difference if the member of staff is customer facing is an issue for the employer.”
The number of individuals with tattoos is reported to have risen – with nearly one in five having a tattoo and, of these, a significant number being under the age of 40 (according to Yougov poll).
Nicky commented: “There have been a number of discussions over the years as to whether an individual with tattoos is discriminated against if an employer refuses to employ them due to their tattoos. Currently tattoos and body art does not fall within one of the protected characteristics for the purposes of the Equality Act 2010 – although the risk of unfair dismissal remains for those employees with a minimum of two years length of service.
“However, if the tattoo has a meaning that relates to one of the prohibited characteristics (for example a religious connotation) then there could be an argument that someone treated less favourably because of the tattoo, and has been discriminated against on the grounds of religion.
“It will be interesting to see whether the number of individuals missing out on employment opportunities rises as the number of individuals with tattoos continues to increase and whether there is an impact on employers missing out, as suggested, on talented candidates.”
