Low-cut blouse and heels, corporate clobber or anything goes? US President Donald Trump ruffled feathers around the world earlier this month after he reportedly told female staff in his administration they should "dress like women"Â at work.
Thousands of women took to Twitter in response, posting photos of themselves owning workday attire ranging from surgical scrubs to space suits.
Put on that flight suit and #DressLikeAWoman 🚀 pic.twitter.com/s2D3uOL0ri
— Emily Calandrelli (@TheSpaceGal) February 3, 2017
While the POTUS' guidelines on sartorial standards gives a clear lesson in what not to do, implementing and enforcing a company dress code can be a fraught matter for small business owners.
What not to wear
It was for Mooney Real Estate co-owner Peggy Willcox who last year had to let an inappropriately dressed receptionist go, after a month of What Not to Wear dramas.
Established in mid-2016, Mooney Real Estate manages 50 rental properties and employs five staff.
"We told her beforehand casual business attire, she agreed to that, she said she knew what that was, then very clearly she had no idea when she came in," Willcox says.
Faced with an employee sporting mini-skirts, black eye make-up and green hair – "she would bend over and you could see everything" – Willcox tried to avoid confrontation and drop a hint by buying her a suitable dress but it went unworn.
"She didn't get the picture," Willcox says.
The fact there were performance, as well as presentation, issues made it easier to move her on.
"She was a receptionist that didn't feel confident answering the phone or answering the door so luckily there were a few other things, so I didn't have to bring it straight down to her appearance," Willcox says. "I just said it wasn't working out."
The episode prompted Willcox to document a dress code and introduce a uniform – company polo shirt, neutral dress pants and dress shoes – for property managers.
I've never had an issue where I've been accused of discrimination or improper requests or anything like that but it's a fine line I'm always walking.
Ben Freeman
Make your policy non-discriminatory
Willcox's dress code works at Mooney Real Estate works as it doesn't discriminate between men and women.
A formal policy is always recommended and, provided it's reasonable and non-discriminatory, should ensure dressing down staff who don't dress appropriately is a straightforward affair, according to Coleman Greig employment lawyer Stephen Booth.
"Having it as part of the contract or a policy in the induction material for new starters sets the baseline," Booth says.
"A policy doesn't have to be absolutely prescriptive on every possible issue; it can work in terms of required style with examples of what's good and what's bad and the standard on particular issues can be worked out as issues arise."
If a dispute over visible tattoos, skimpy clothing or the like results in termination, the fairness of the company's position may come under scrutiny.
"But if the standard required is, in itself, reasonable for the business and has been appropriately publicised and there are no extenuating circumstances then the employer's position should be defensible," Booth says.
Employee Matters director Natasha Hawker advises business owners to lead by example and call out unkempt locks, scruffy shoes or crumpled clothing as soon as they're clocked.
"The best way to give that feedback is to say, 'George, you should be aware that our dress code states ABC'," she says. "'Obviously you're not adhering to that – is there any problem, is there an issue?'
"If they've turned up with a crinkled shirt and their iron broke or something like that then you would say, 'that's fine … but tomorrow we need an ironed shirt. Do you understand, any questions, do you understand why that's appropriate?'
"You need to be able to have those difficult conversations. They're not easy to have but you need to do it quickly and reasonably."
It's a minefield
Ben Freeman, director of Greek street food chain Ya Souv, has had plenty of practice since setting up shop two years ago but says enforcing standards can still feel like traversing a minefield.
Ya Souv turned over $2.75 million last year and employs 60 staff, many of them teenagers and young adults, across its three outlets.
Pulling someone aside for a friendly chat about grooming is a weekly occurrence. With male employees Freeman finds it relatively straightforward – "you can just kind of go, 'mate, you need a shave'" – but with females less so.
"Am I being sexist?" Freeman says. "I've never had an issue where I've been accused of discrimination or improper requests or anything like that but it's a fine line I'm always walking. I don't want to upset them but I want my staff to present well, as well as possible …
"As a small business person, you're going through a pretty sensitive issue. I was saying to my partners the other day, I've got no idea how the Virgin Airways of the world do this."
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