Justin Govier Writes in CITY AM: The Legal Implications of Airing Your Views at Work
Justin Govier Writes in CITY AM: The Legal Implications of Airing Your Views at Work
Rarely has a public issue proved as divisive as Brexit. The strength of opinion of individuals supporting either Remain or Leave was been overwhelming, and tensions across the country are still running high.
Workplace discussion on political matters will continue to rage over the coming months, but could heated debates lead to discrimination claims?
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What is discrimination?
Direct discrimination under the Equality Act 2010 is, put simply, when an employee is treated less favourably than another employee (real or hypothetical) due to a “protected characteristic”. The Act sets out nine protected characteristics on which employees cannot be discriminated against. Political views could potentially be included under the protected characteristic of religion or belief.
Is an employer liable for political arguments in the office?
The doctrine of “vicarious liability” states that an employer is liable for the acts of its employees if they are carried out “in the course of employment”.
If a discriminatory act took place in the workplace and during office hours, the courts are likely to rule that the employer may be liable i.e. the employer would be viewed as having committed the discriminatory act. However employers could raise a defence if they can show that they took “all reasonable steps” to prevent the discriminatory act from taking place.
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