Tattoos at work
35% of Dutch people have a tattoo, and not every employer is happy about this. The RET, the Rotterdam streetcar company, for example, had a tattoo policy for its inspectors in uniform. Controllers were not allowed to wear visible tattoos while working. So inspectors had to cover their tattoos. This was because the streetcar company felt that a neutral, professional and uniform appearance of the inspectors was important. Visible tattoos would detract from the authority of the inspectors and compromise safety. An employee thought this was nonsense and took the matter to court.
Cantonal judge and court of appeal
At first instance, the district judge agreed with the streetcar company. In practice, the inspectors could also easily solve this with a long sleeve, an extra button or a band-aid. At this, the employee went to the district court, and there she was vindicated. The court did not find it convincing that travelers would object to tattoos, and tattoos are allowed in the police and military police under certain conditions.
In other words: the tattoo policy was not proportional and RET had exceeded its instructional rights. If an employer wants to prohibit visible tattoos or piercings, there must be sufficient justification for doing so and it must also be possible to substantiate this. In the absence of such justification, the policy may be in violation of good employment practice, resulting in employees not having to comply with it.
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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