Body art such as tattooing and piercing has become increasingly popular in recent years. However, if you are thinking about getting inked, you may want to consider the potential impact on your current or future job.
In today’s workplace, employers can lawfully restrict visible tattoos or piercings. They can also refuse to hire someone based on appearance policies.
There is no law that prevents employers from requiring employees to cover tattoos or piercings during work hours. Employers can also introduce no-tattoo policies.
For example, a job applicant was recently refused a flight attendant role with Qantas and Emirates due to a small ankle tattoo.
As an employee, you should understand workplace appearance policies. If you choose visible tattoos or piercings, you may need to balance self-expression with career opportunities.
This article outlines your rights and responsibilities. It also explains when workplace policies may become unfair or discriminatory. If you are unsure, you should seek legal advice.
What laws apply in the workplace?
Most employment relationships fall under the Fair Work Act 2009 (Cth). This law sets minimum employment standards and protects employees from unfair dismissal.
The Fair Work Commission resolves workplace disputes and unfair dismissal claims.
Anti-discrimination and work health and safety laws also apply. These laws promote equal treatment in the workplace.
They protect employees from discrimination based on:
race, gender, age, disability, religion, marital status, pregnancy, sexual orientation, and other protected attributes.
Policy or discrimination?
Appearance alone is generally not a protected attribute under discrimination law.
Employers can set workplace appearance standards. This includes rules about tattoos, piercings, and dress codes.
Employers often justify these rules based on branding, professionalism, or safety requirements.
For example, safety rules may prohibit jewellery in factories or require protective clothing on construction sites.
When can a policy become unfair?
The Fair Work Act prohibits harsh, unjust, or unreasonable treatment.
Employers must apply policies fairly and reasonably. Problems may arise if an employer introduces a rule without notice and applies it inconsistently.
In Dapto Leagues Club Ltd v A [2014] FWC 7953, an employee was asked to remove a lip piercing after a new policy was introduced.
The employee had worn the piercing for some time before the change. The Tribunal noted concerns about fairness in how the policy was applied.
Although the policy itself was not ruled unlawful, the case shows how inconsistent enforcement may raise fairness issues.
Employers should clearly communicate policies. They should also provide written copies during hiring and induction.
An employee may have grounds for unfair dismissal if they were not informed of the policy.
Indirect discrimination may also arise in limited cases. This can occur if a rule disproportionately affects a protected group.
For example, if a cultural or religious practice involves tattoos, a blanket ban may create legal issues depending on the circumstances.
Each case depends on its facts and the reasonableness of the policy.
Key considerations
Employers can set appearance standards, including rules on tattoos and piercings. However, they must apply these rules fairly and reasonably.
Employees should understand workplace policies and follow them where valid and clearly communicated.
If you are unsure about your workplace rules, you should ask your employer for clarification.
If you believe you have been treated unfairly, you should seek legal advice.
This information is general only.
If you need advice, contact us on (03) 9422 5439 or email [email protected].