Is it legal for employers to make staff wear heels for work?

What's the current law? Can you be sacked for a wardrobe malfunction?

Nicola Thorpe, who states that she was sent home without pay last December from work because she refused to wear high heels, is not taking any chances.

Thorpe has set up a petition seeking the law to be changed so that women cannot be forced to wear high heels at work - and over 100,000 people have signed up so far.

Thorpe had been placed on an assignment, as a temporary receptionist, at PwC by Portico, an outsourcing company. On her first day there, Thorpe was apparently told that she would be sent home without pay unless she wore shoes with two to four inch heels in line with Portico's dress policy.

When she objected, she says Portico followed out the threat. The company has now changed its policy, allowing women to wear flat shoes at work.

What's the current law? Can you be sacked for a wardrobe malfunction?

Employers are able to have dress rules for their employees. Dress requirements could be set out in contracts of employment or, more commonly, a relevant policy may be outlined in a staff handbook.

It's often stipulated that a breach of the policy could result in disciplinary action. In certain cases dismissal might be appropriate.

Even if the employer has no dress code policy, an employee could be dismissed for failing to follow reasonable instructions.

In either case a dismissal would only be deemed fair if the employer carried out a fair process and acted reasonably in dismissing the employee. Dismissal for a first time breach, for instance, would probably not be considered a reasonable response by an employer.

What about having different dress codes for men and women? Is that discriminatory? No not in itself. But the same standards and level of smartness ought to apply to both sexes. Otherwise, men or women could be being treated less favourably because of sex.

And high heels for women? Many would argue that the requirement goes beyond smartness - and is actually about women showing a sexy image.

And women are needlessly suffering humiliation and discomfort, risking back pain and bunions, because of it. Enforcing such a policy could also be harassment relating to sex.

The legal position is not clear though, and Thorpe is demanding that “women have the option to wear flat formal shoes at work.”

Matt Gingell is a partner at Gannons Solicitors, and specialises in employment law. Read all of his articles at www.mattgingell.com