The poppy has long been a nationally recognised symbol of remembrance for those who gave their lives in war.

Inspired by the World War One poem In Flanders Fields, the poppy has been used to commemorate fallen soldiers since 1921, but it has been the centre of some controversy in recent years.

Alexandra Owen, senior associate at DAS Law, tells employers and employees what they need to know about the law round wearing a poppy at work.

Can your employer insist you wear a poppy to work?

As the law currently stands, the answer is no. Insisting that employees wear a poppy to work could amount to discrimination to another religions or belief of a different type. It is advised that an employer considers this if they are minded to insist their employees wear a poppy to work.

Can your employer legally stop you from wearing a poppy at work?

This would depend on the employer’s reasons for stopping you from wearing a poppy at work. In 2015, a KFC worker claimed that he was dismissed for wearing a remembrance poppy. KFC’s response was that it was due to health and safety, stating that their policy was a blanket ban on wearing any type of badge or pin whilst working in the kitchen as it poses a foreign body risk. This was not pursued in any courts to determine whether this would be acceptable, but potentially, any court may accept this as non-discriminatory.

What can I do if I want to wear a poppy but have been stopped from doing so by my employer?

This would depend on the reasons provided by the employer. However, given that an employee has the difficulty of convincing an employment tribunal that wearing a poppy is a ‘belief’ then it would be difficult to succeed in any claim for discrimination.

If my employer insists I wear a poppy, do they have to cover the costs?

No, there is no requirement for the costs to be covered. However, a reasonable employer that is insisting upon workers wearing something for, or to, work is likely to cover the costs involved, provide the poppies themselves, and would probably make a corporate donation to a relevant charity.

Overall, where does employment law stand on wearing a poppy?

Employment law provides protection against discrimination relating to certain characteristics which people may possess. In this situation, it would be religion or belief, such as philosophical belief.

In order to rely on a philosophical belief, case law has provided some guidance on how to assess this, with the following: the belief must be a genuine belief held; it must be a belief and not an opinion or a viewpoint; it must be weighty and substantial aspect of human life and behaviour; and it must attain a certain level of cogency, seriousness, cohesion and importance.