In light of the recent General Election and Brexit, and given the heated discussions that have erupted within the media and across social media sites, it seems an appropriate time to remind employers of the legal position with regard to discrimination and political beliefs.
A belief in a political philosophy or doctrine may amount to a philosophical belief, which is one of the protected characteristics listed within the Equality Act 2010. However, simply supporting a political party would not in itself amount to a philosophical belief.
Guidance has been given by the Employment Appeal Tribunal on the definition of a philosophical belief which includes:
- The belief must be genuinely held
- It must be a belief, not an opinion or viewpoint, based on information available at that time
- It must be a belief as to a weighty and substantial aspect of human life and behaviour
- It must attain a certain level of cogency, seriousness, cohesion and importance
- It must be worthy of respect in a democratic society, not be incompatible with human dignity and not conflict with the fundamental rights of others
- It must have a similar status or cogency to a religious belief
It is therefore important to ensure that any disruptive or unacceptable behaviour is dealt with in a fair and reasonable manner in accordance with your firm’s usual disciplinary policy and procedure. Any unduly harsh sanction, which can be attributable to an employee’s political belief, could constitute discrimination if the employee’s political belief amounts to a philosophical belief.
This relates to disciplinary action, promotional opportunities, recruitment, day-to-day management within the workplace etc.
It is understandable that at the present time tensions are running high and regular discussions are taking place between members of staff in respect of the political world. Whilst it is great that individuals are taking an active interest in politics, it is important to ensure that employees are aware what behaviours and conversations are, and are not, acceptable in the workplace. In addition, line managers need to be attuned to these and ensure that their own personal beliefs do not cloud their judgment when managing staff and, if necessary, undertaking any disciplinary action.
Should you have any questions or queries with regard to this article, or any other employment related issue, then please do not hesitate to contact one of our employment solicitors on 01733 888888 or employment@buckles-law.co.uk and they will be happy to assist you.
