A look at an employee’s right to protest and voice their opinion

Various cities and towns were plagued by rioting and protests following a mass stabbing and the murders of three little girls at a Taylor Swift-themed dance class in Southport, Merseyside.

A 17-year-old, who has since turned 18, was later charged with murder and attempted murder, and has been remanded in custody [1] Cited 13.8.24

The tragedy led to an outpouring of grief and huge support for all of those affected by the horrific incident. People from all backgrounds came together to mourn and hold a vigil for the victims.

But protests and rioting quickly followed with outbreaks of violence in a number of areas, which is said to have been sparked by misinformation being spread online [2] cited 13.8.24

What happened has led to a widespread expression of different and divisive opinions and aggression, with a focus on immigration and race.

Employees are the same as everyone else, and they will have their own individual views. Some will no doubt be stronger, and possibly more unpleasant, than others, given the issues in the spotlight.

But it can be how a member of staff airs those views, especially in the current climate, that can create a problem, and challenge for employers.

The difficulty for an employer can be in determining when, or even if, it should or needs to act in response to the actions of a member of staff either inside or outside of the workplace or online.

The crucial test is what impact does the conduct have on the individual’s employment? As in some situations it can justify dismissal.

For employees caught up in the recent rioting, protests, misbehaving online or expressing disagreeable views in the workplace, dismissal should not be an automatic sanction.

If it is established that any criminal activity or conduct breaches conditions of the employment contract, then an employer is likely to have good grounds to dismiss the employee e.g. the conduct causes irreparable damage to working relationships or brings the employer’s reputation into disrepute.

Any employee identified as having been involved in the recent public disorder or considered to have incited violence online is likely to be arrested, charged, held on remand and convicted.

In the wake of the violence the Prime Minster Sir Keir Starmer issued a stark warning to those involved with a ‘guarantee’ they will face swift justice and ‘the full force of the law ’[3] cited 13.8.24

Cases have been fast-tracked and a number of people have already been convicted for their part in the violence or related online activities [4] cited 13.8.24

There have so far been more than 700 arrests for alleged offences, 32 relate to online offences, and police have said, at the time of writing, that 302 people have been charged More arrests and charges are expected to follow. [5] cited 13.8.24

An employer will still need to exercise caution in how it deals with any employee who is arrested or charged with an offence.

The individual may later be able to prove their innocence, so if they are dismissed unjustly it could amount to an unfair dismissal.

However, where an employee cannot attend work because they have been convicted and jailed or being held on remand, there are likely to be good grounds to terminate the employment contract.

But caution is still required in such circumstances and it is advisable for an employer to seek legal advice on the best way to deal with the situation.

There can be no excuse for violence or inciting hatred online. In the current climate, an employee may well question: what rights do I have to get involved in any type of protest or voice my opinion, and can I lose my job for doing so? We take a look at that here.

Do I have the right to take part in a protest?

You do have a right to take part in a peaceful protest, which is covered by the European Convention on Human Rights  [6] cited 13.8.24

Your right to do so is protected, as long as the event is peaceful, but if it does turn violent and you get involved, there can be legal consequences.

You could find yourself in trouble with your employer if a protest you are involved in is considered to create problems for your work, or if it breaches the terms of your employment contract.

It is always advisable to check your contract and seek advice if you have any concerns about taking part in a protest.

Do I have a right to voice my opinion?

For anyone facing a backlash for expressing an objectionable or hateful opinion, including doing so online, a common defence is: ‘I am allowed to voice my opinion.’

While we do have the right to freedom of expression, there are some obvious restrictions which you need to be aware of:

• An expressed view that incites violence, hatred, or discrimination against individuals or groups based on race, religion, sexual orientation or any other protected characteristics is unlawful and will land you in trouble.

• Making false statements about someone that can harm their reputation can be considered defamation and result in legal action being taken against you.

This was highlighted in a recent case in which former footballer Joey Barton was ordered to pay £75,000 to the TV presenter Jeremy Vine for making offensive comments about him on X, formerly Twitter [7] cited 13.8.24

• Public order laws restrict speech that can cause public disorder, harassment or alarm.

• A personal view that poses a threat to national security, such as incitement to terrorism, is prohibited.

• Legal restrictions can also apply to content that is considered obscene or indecent.

So, while you certainly do have the right to voice your opinion, it is essential to remember there are some restrictions to be aware of in order to avoid legal and work-related repercussions.

What will my employer do if I breach guidelines for being involved in a protest, voicing my opinion or if I am arrested and charged as a result?

Your employer should follow its usual process for dealing with any alleged acts of misconduct or gross misconduct.

Such a process will typically adhere to the guidance provided in the ACAS Code of Practice for conducting a disciplinary process [8] cited 13.8.24

This will generally include:

Investigation: your employer will seek to establish the facts and gather evidence.

Conclusion of the investigation: you should be informed of the next steps e.g. no case to answer, the matter can be resolved informally or you will need to attend a disciplinary hearing.

Disciplinary hearing: you have a statutory right to be accompanied by a colleague or trade union representative and you can present your version of events at the hearing.

Decision: your employer will inform you of the outcome.

Appeal: if you are unhappy with the outcome you should be given the right to appeal.

If you are held in custody or sent to prison, your employer will still have to deal with the situation carefully and fairly.

This is despite the fact that being unavailable to work in such circumstances is likely to mean that any decision to dismiss you could, under the Employment Rights Act 1996, amount to ‘some other substantial reason’ that justifies a fair dismissal [9] cited 13.8.2

Finally

If you do wish to air your political views verbally in any setting or online, then know your employer’s policies. Such policies, in some professions, can place restrictions on you doing so during work or in a way that can be considered to be linked to your employer.

Think about what you say and do both inside and outside of work in relation to political and topical issues. The right to protest peacefully and express your point of view is generally protected, as long as you do not overstep the mark e.g. get actively involved in a violent protest or incite hate.