Wearing a poppy at work is not legally protected, and employers can restrict staff from wearing one, following an employment tribunal ruling. The case of Lisk v Shield Guardian Co Ltd considered a claim that being restricted from wearing a poppy at work was discriminatory on the grounds of philosophical belief, which is protected under the Equality Act 2010. But the tribunal ruled that it was not protected.
What the tribunal decided
According to Ashtons HR Consulting, the tribunal found that while the belief was admirable, it was not protected under the Equality Act as the belief was considered too narrow to meet the requirement of showing a philosophical belief. Therefore, there was no discrimination in preventing an employee from wearing a poppy.
As a result, the guidance to employers is that they can restrict people from wearing a poppy at work. Employers are within their rights to impose restrictions on staff wearing poppies at work, however, they should be aware that the decision will likely spark debate and possible confrontation, given the sensitivity of the issue.
When bans can apply
Employees whose role consists of processing or handling food may be prevented from wearing poppies on the grounds of health and safety. In 2015, a KFC worker claimed he was dismissed for wearing a remembrance poppy. KFC responded, 'wearing any type of badge or pin while working in a kitchen poses a foreign body risk so isn’t allowed for health and safety reasons.'
Other reasons behind imposing a ban might be due to political matters or where an organisation has a global audience such as the BBC, presenters are banned from wearing the poppy as bosses say the symbol is 'simply not recognised' or understood by the channel’s audience worldwide.
What employers should do
Employers need to have the appropriate dress code policies in place to prevent staff from wearing charitable symbols such as poppies, broaches, wristbands and the like, for any disciplinary action to be considered fair. Employers should review their policies before implementing any rules and ensure their employees are clear on any dress code restrictions from the beginning of employment.
