A caretaker is going to work in a skirt after he was banned from wearing shorts.

Stephan Bennett, a residential estate warden for Brighton and Hove City Council, has been barred from baring his knees because of new Health and Safety legislation.

The 46-year-old, of Warwick Mount, Kemp Town, Brighton, was sent home from work yesterday when he refused to wear long trousers in the sweltering sun.

Mr Bennett, who has been wearing shorts to work every summer for the past two years, said: "I got a phone call from my senior warden saying I was not allowed to wear shorts because of new city-wide legislation.

"I said I was not going to stop as it just too hot and uncomfortable to wear long trousers in this weather. So I was sent home."

Mr Bennett looks after repair and maintenance work for three blocks of council-owned flats in Montague Street, Essex Street and Lavender Street.

He hopes to get a doctor's note allowing him to wear shorts because he has a condition that makes wearing trousers in hot weather more uncomfortable for him than most people.

In the meantime, Mr Bennett plans to don a skirt in protest.

He said: "I just want to show people how ridiculous this issue is.

"My wearing shorts does not affect the way I do my job. It's not as if they are skimpy ones and if you see my legs you'll see why they aren't. They are just conventional shorts."

Brighton and Hove City Council is adamant caretakers need to wear trousers for their own protection.

A spokeswoman said: "This is because they work with cleaning materials that can cause skin irritation and are covered by hazardous substances regulations. They also work in bin areas, which can also have hazards such as glass and needles.

"The council issues the wardens with these trousers, which are made of a thick material, and other safety wear, including gloves and goggles, in order to protect hands and face for certain jobs."

Mr Bennett agrees he needs protective clothing sometimes in his work but feels he is able to make a "common sense" judgement when this is thecase.

He said: "The council should really be giving us overalls so we can put them on and take them off when we need to.

"The council hasn't thought of the consequences and the sheer stupidity of it all."

Mr Bennett has been working for the council for two years and the shorts issue is just one of a number of complaints he had during this time.

But the council spokeswoman said the situation would not change if Mr Bennett wore a skirt.