Can I Take Action Against My Employee For Expressing Their Political Views?

It is highly likely that many of your employees will have an opinion on the current state of affairs.

Your employees’ political views may be impacting the culture in your workplace or perhaps negatively representing your business on social media. 

So, can you do anything about your employees expressing their political views? 

Read on to find out.

Right To Freedom Of Opinion And Expression 

Under Article 10 of the Human Rights Act 1998, “everyone has the right to freedom of expression”. However, this right is also subject to other prescribed laws which restrict certain conduct.

Generally, these laws may operate to protect “national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals.”

Put simply, there is a right to express your political opinion in the UK, however, there are certain circumstances under which you may not be able to do so. These would usually involve preserving interests in safety.

So, does this mean that your employee can do whatever they want to express their political opinion? Not quite. 

Restrictions on political communication still exist. 

For example, under the Public Order Act 1986, a person cannot use “threatening, abusive or insulting words or behaviour that causes, or is likely to cause, another person harassment, alarm or distress.”

Employees’ Protection Against Discrimination 

Under the Equality Act 2010, you cannot harass or discriminate employees based on race or nationality. Whether this extends to political opinions has been a contentious issue for many employers.

This is generally due to the question of whether an opinion is ‘philosophical’ so as to attract the protection under workplace discrimination laws.

For example, in the case of GMB Union v Henderson, an employee brought legal action on the basis of being discriminated against based on his socialist beliefs. The tribunal held that his beliefs constituted ‘philosophical beliefs’, and was therefore protected by law against such discrimination.

However, this protection does not extend to politically motivated acts of violence. 

Acts of violence may include: 

• Rioting 
• Physical harm 
• Threats of coercion

So, What Does This Mean For Small Business Owners? 

Put simply, if your employee wishes to express their political opinions, they have a general implied right to do so. 

However, if your employee expresses their political views in a violent manner, or in a way that is contrary to your employees role or your business’ values, then perhaps action can be taken.

This also applies where the expression of their political opinion breaches other relevant laws.

What If My Employee Is Making Controversial Political Statements In The Workplace?

Perhaps your employee is making controversial political statements in the workplace and it is throwing your business’ workplace culture out of whack. 

Here, it is really important to consider: 

1. What political statement are they making? 
2. How are they making this political statement?
3. Is this political statement ‘unauthorised and inconsistent’ with the employee’s role or your business’ values?
4. Is this political statement being expressed in a violent way? 

Applying the law, unless your employee is expressing their political opinion in a violent manner or contrary to their role or your business’ values, then they maintain an implied freedom to communicate their political opinion in the workplace. 

Whilst you may not be able to take adverse action, it is important to consider positive mechanisms you can put into place such as: 

• Emphasising respect in the workplace 
• Encourage your employees to be understanding to other employees’ beliefs and ideals
• Redirecting focus to your employee’s role in your business 

My Employee Is Posting Questionable Stuff Online, What Can I Do?

If your employee is posting questionable content online, it is again important to consider: 

1. Is the post ‘unauthorised and inconsistent’ with the employee’s role or your business’ values?
2. Is the post being expressed in a violent way?

To understand how an employer might go about managing this situation, let’s take a look at an Australian case.

In 2018, former Tasmanian government relationship manager for Cricket Australia, Angela Williamson, was dismissed from her role following tweets made expressing her political view on Tasmania’s abortion services. 

Cricket Australia claimed that Angela WIlliamson was dismissed for neglecting key requirements of her role to facilitate a strong relationship with the Tasmanian Government. 

In response, Angela WIlliamson aimed to sue Cricket Australia, claiming that she had been unfairly dismissed in accordance with the Fair Work Act 2009 (Cth). 

In the end, both Cricket Australia and Ms Williamson opted to avoid costly legal bills and settled outside of Court. 

Similarly, Israel Folau claimed unfair dismissal after his contract with Rugby Union Australia was revoked following expressing his views on same-sex relationships via his personal social media. 

In both of the above instances, the employer was under the impression that their employee was acting in an inconsistent manner to their role or the organisation’s values when expressing their political views on their personal social media pages. 

With these cases in mind, it is clear that dismissing an employee for their political views can get a bit complicated.

This is why understanding the law and encouraging appropriate political communication can be really helpful. 

As a small business owner, it is important to be mindful that your employees have an implied right to be free to communicate about their political views. Taking action against an employee for expressing their political view on social media that is not expressed violently is not an option. 

However, if your employee is posting ‘unauthorised and inconsistent’ content with their role or your business’ values, then perhaps action can be taken. 

Need More Help? 

Living in such controversial times can lead to an influx of political opinions in the workplace. 

Knowing in what instances you can and cannot take action against an employee for expressing their political views is really important. 

If you need more help, it may be a good option to speak with a lawyer. 

Reach out to our team for a free, no-obligations chat at [email protected] or 08081347754.

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