FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : INSPIRE WELLBEING - AND - CARE ASSISTANTS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Dress code - specifically the wearing of football tops to work.
BACKGROUND:
2. This dispute is in relation to the dress code policy for staff employed by Inspire Wellbeing who are based at the Dunfirth Farm site in Co. Kildare. These employees are former staff of the Irish Society for Autism who transferred to Inspire Welbeing under TUPE legislation on 15 October 2018.
The case was referred to the Labour Court on 12 August 2019 following a conciliation
conference held on 19 July in the WRC at which no resolution was reached.
A Labour Court hearing took place on 10 October 2019.
UNIONS ARGUMENTS:
3. 1. The Union claim is that this is a change to their members current work practices, custom and practice and terms and conditions of employment.
2. The Union claim that, traditionally, staff of the Irish Society for Autism had a right to wear football jerseys to work and are seeking to retain that right as employees of Inspire Wellbeing.
EMPLOYER'S ARGUMENTS:
- 1. The employer maintains that their Dress Code Policy clearly prohibits wearing of "clothes with emblems, logos or advertisements; e.g. football tops".
RECOMMENDATION:
The issue in dispute between the parties is Management’s proposal to introduce a dress code that prohibits the wearing of football jerseys in circumstances where it is has always been an acceptable practice in this employment to wear such jerseys.
Employer’s position
The Employer position is that on the 15thOctober 2018 employees transferred from the Irish Society for Autism to Inspire Wellbeing. Following the transfer all Inspires Policies and Procedures were sent via email to all staff. Inspire, as an all-Ireland organisation, has one set of policies which apply across the organisation. Within those policies there is a dress code policy which prohibits the wearing of football jerseys. It is not disputed that prior to the transfer the staff in Dunfirth Farm in Co. Kildare were not prohibited from wearing jerseys and that a casual form of dress was and still is encouraged. However, as an all-Ireland organisation, Inspire Wellbeing want to have a consistency of approach across the organisation.
Union’s Position
It is the Union’s position that all staff are encouraged to dress in ordinary everyday clothes. It has always been accepted in Dunfirth Farm that football jerseys are part of ordinary everyday dress. One of the aims of the service is to ensure that service users and staff when out and about look like “buddies” . The wearing of jerseys has never caused any issues in this workplace and it is unfair that the only reason they are not being allowed to wear their jerseys is because of the Employer’s desire to have a consistency of approach to this issue.
Discussion
The Court has carefully considered the submissions of the parties. The Court recommends that the staff in Dunfirth Farm be allowed wear their football jersey’s in the same manner as previously applied. However, staff from Dunfirth Farm should not be permitted to wear football jerseys to any training days, conferences or seminars where Inspire Wellbeing workers from other locations are attending.
The Court so recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
DC______________________
14 November 2019Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.