Navigating Workplace Politics: Balancing Free Speech and Employment Law

Why workplace politics is a growing challenge

In today’s politically charged climate, many employers are noticing greater division within their workplaces. Political views are increasingly making their way into office discussions, creating blurred lines between free speech and inappropriate behaviour. Understanding how to handle this delicate issue has never been more critical.

Recent cases, such as a former UKIP councillor claiming workplace harassment over her pro-Brexit views, highlight the complexities of balancing protected beliefs and workplace policies. While this claimant ultimately lost, the case underlined the legal ambiguities surrounding political views in the workplace.

Are political views protected under employment law?

Under the Equality Act 2010, religion and philosophical beliefs are protected characteristics. This protection can extend to political views, provided they meet specific legal criteria. The landmark Grainger plc v Nicholson case set out a five-point test for determining whether a belief qualifies as philosophical and therefore legally protected.

Key considerations for employers include:

• The belief must be genuinely held, not merely an opinion.
• It must be worthy of respect in a democratic society and not promote extremism or hatred.

For example, an employee with deeply held political values tied to a specific party could claim protection if their belief satisfies these criteria. However, views expressed hatefully or supporting extremist activities would likely fall outside the scope of legal protection.

Why policies and procedures are essential

Given the complexity of political beliefs in employment law, businesses must ensure their internal procedures are robust. Employers should:

• Regularly review grievance procedures to account for protected beliefs.
• Create or update policies on workplace discussions, ensuring a consistent approach to handling complaints.

Clear, well-communicated policies provide employees with a framework for appropriate behaviour and ensure that issues are dealt with fairly. Seeking expert legal advice is often the best way to ensure these policies are compliant and effective.

Managing hostility and preventing bullying at work

Even with strong policies in place, employers must stay vigilant for signs of hostility or bullying linked to political discussions. Where debates arise, it’s crucial to ensure that employees do not feel victimised as a result. Encouraging open communication and signposting workers to the correct procedures can help address concerns appropriately.

At the same time, employers should guard against fostering a culture of complaints. Misuse of grievance processes can lead to unnecessary disputes, so employers must strike a balance.

The role of social media in workplace politics

Social media adds another layer of complexity. In the case of the former UKIP councillor, the claimant made posts that were perceived to be offensive on her personal social media, which led to her charity employer letting her go.

Employers must tread carefully when considering action based on employees’ online activity, as freedom of speech and privacy rights are increasingly contentious legal battlegrounds.

Implementing a clear social media policy can help set boundaries for what employees share in connection to their work, including anything that could bring the business into disrepute. However, employers must provide evidence of reputational harm before taking action.

Promoting diversity, inclusion, and respect in the workplace

To manage competing beliefs and maintain harmony, businesses should invest in diversity and inclusion training for all employees. This helps foster an understanding of different perspectives and sets clear standards for workplace discussions.

A policy centred on dignity and respect can complement this training by defining acceptable behaviour and preventing offensive language without infringing on free speech. Encouraging mutual respect and consideration is the most effective way to prevent conflicts from escalating.

Seek expert advice to navigate complex issues

Workplace politics is a nuanced and evolving area of employment law. Employers should take proactive steps to prevent disputes while adhering to established procedures when issues arise.