Is politics the new office taboo?
At present political life is very binary: either you are a Remainer or Brexiteer, a fully-fledged member of the Alt-Right or a Social Justice Warrior.
For example, the EU Referendum result has highlighted huge divisions in the UK on a number of grounds including but not limited to age, social class and educational background. In fact families have been divided based on how members voted. President Trump’s Executive Order to suspend its refugee programme and ban entry to persons from 7 mainly Muslim countries is having a similar impact. Those in favour of the Executive Order are being accused of islamophobia and those against of not caring about national security: there is no room for grey.
Given the nature of the political discourse at the moment it is not difficult to envisage such debates creating issues in the workplace. For example, heated discussions on immigration and national security could lead to complaints of harassment, bullying and discrimination on the grounds of religion or belief contrary to the Equality Act 2010.
Further the law changed in 2013 so that no qualifying length of service is required by an employee who is dismissed because of (or the principal reason for dismissal is) their political opinion or affiliation. Will we see an increase of claims brought on this basis?
Consequently, not only can heated political debates create unhappy work environments; they can also lead to employment claims.
So what can employers do to minimise the risk of such disputes arising? I would recommend the following:
• Reminding staff of acceptable workplace behaviours: In addition to Disciplinary and Grievance procedures, staff should be required to review Equal Opportunity, Email/Social Media and Anti-bullying and Harassment policies. If no such policies exist they should be implemented. Employers should also offer training on these policies/procedures to ensure that all staff understand their contents to aid compliance.
• Effective use of such policies: In order for employers to be able to defend themselves from claims of discrimination on the grounds of vicarious liability, the above-mentioned policies need to be actually used. For example, if, an employer becomes aware of a member of staff posting an offensive message on social media which could bring it into disrepute, action must be taken (in accordance with the relevant policies) in a timely manner.
• Consistency is key: Further to minimise the risk of complaints of unfair treatment, employers need to ensure that they respond to all complaints in a consistent manner e.g. in accordance with the relevant policies.
So while we live in a period of peak political polarisation, staff should be reminded that in a work context they must exercise their freedom of speech judiciously. Otherwise this could lead to a spike of politics-related employment disputes.