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WHEN “WORKPLACE POLITICS” MEANS EXACTLY WHAT IT SAYS ON THE TIN

31.10.2022

With UK politics becoming more polarised, it’s only a matter of time until a political row, or political campaigning, or a rash of political badges breaks out at your workplace. What’s an employer to do? We look at five potential issues.

1.   You can stop political campaigning at work

You’re well within your legal rights to ban political campaigning at work, and to discipline employees who are caught spending company time on political campaigning (or any other non-work activity), or using company equipment for party-political business such as printing leaflets.

They may argue that you’re infringing their right to “freedom of expression” under the Human Rights Act, but as long as you strike a reasonable balance, you’re likely to be in the clear. A reasonable balance doesn’t include banning all mention of politics at work–let alone banning some parties and not others.

2.  You can’t stop people expressing political views on their own time

If you’re trying to police what your employees do outside work, then yes, they are protected by the Human Rights Act. The rights to freedom of expression, freedom of thought, conscience and religion, and freedom of assembly and association can all apply to politics. An exception is if the employer’s activities directly impact their work, for example by bringing your organisation into disrepute.

3.   You can stop people displaying political symbols at work

Your workplace dress code can include prohibiting the display of political badges or other items that show support for a political party. This is particularly important for customer-facing staff. The employee might claim that you’re discriminating against their “philosophical beliefs” under the Equality Act, but these claims are notoriously hard to win.

4.   You can make rules on political activities at work

You absolutely can have an official policy banning:

  • Political campaigning at work
  • Use of company resources for political activity
  • Expressing political views to clients, customers or suppliers
  • Displaying political symbols
  • Political harassment or trying to coerce others into changing their political views
  • Implying the organisation supports a particular party or political cause
  • Bringing the organisation into disrepute through political activities
  • Beware of politically motivated harassment

Watch out for employees harassing others for their political beliefs. For example, Eastern European workers are particularly vulnerable to harassment over Brexit. If you receive a complaint of racial harassment, follow your grievance procedure and discipline the offender.

Posted by: Morgan Spencer