May employers ban tattoos?
Tattoos are increasingly popular in the Netherlands. Research shows that about 35% of Dutch people have a tattoo. This raises questions about the permissibility of tattoos in the workplace. Employers can impose requirements on the appearance of their staff, but how far does that instructional right extend? A recent lawsuit against the RET sheds light on this issue.
Policy around tattoos in the workplace
Some employers have policies restricting or banning visible tattoos. This is especially prevalent in sectors where representativeness and authority are important, such as the police, security and transportation. The RET, the Rotterdam streetcar company, for example, had a policy requiring inspectors in uniform to cover their visible tattoos. The organization thought a neutral and professional appearance was important and argued that visible tattoos could undermine controllers' authority and affect safety.
Legal battle: employee versus employer
An employee of RET felt this policy was unjustified and went to court. The subdistrict court initially ruled that RET was acting within its rights. After all, employees could easily hide their tattoos with clothing or a band-aid. On appeal, however, the district court ruled otherwise. According to the court, there was insufficient substantiation that visible tattoos actually had a negative impact on the work environment. Moreover, it noted that tattoos are allowed in some positions of authority, such as the police and military police, under certain conditions. The court therefore found the RET's policy disproportionate and contrary to good employment practices.
When may an employer prohibit tattoos?
Employers have a right of instruction and may make rules about the appearance of their employees. However, this right is not unlimited. There must be an objective and well-reasoned reason to prohibit tattoos, for example because of safety, hygiene or professional appearance. In the absence of such justification, the ban may be considered unreasonable and contrary to good employment practice. Employees in that case may refuse to comply with the policy, with possible legal consequences for the employer.
Conclusion
While employers may impose certain requirements on the appearance of their staff, they must always carefully weigh whether a ban on visible tattoos is justified. This requires sound reasoning and a balancing of interests between the business interest and the personal freedom of employees. Employers would do well to adjust their policies accordingly to avoid legal complications.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
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April 2025
