Navigating political discourse in the workplace poses challenges. Moira Grassick explores the complexities of managing diverse political views, freedom of expression and social media conduct for employers and employees
In an increasingly polarised world, employers and employees are wrestling with how to manage conflicting political views in the workplace.
The escalation of violence in the Middle East led to the high-profile dismissal of an Irish woman employed by an Israeli software company who posted critical views of Israel’s response to the Hamas attacks on her social media page and described Israel as a “terrorist state”.
The dismissal raises questions about the authority of employers to restrict freedom of expression and to terminate an employee’s contract of employment for their political beliefs.
Let’s take a look at how employers can manage this problematic area.
Expressing political beliefs in the office
It’s unlikely that an outright ban would be practical or enforceable. This doesn’t mean employers can’t communicate specific rules for workplace behaviour that can also extend to social media use. For example:
- Limit political discussions during work areas;
- No display of political literature, badges or jokes;
- Remain civil and respectful when discussing politics;
- Remain open-minded; and
- A zero-tolerance stance on bullying, harassment or hate speech.
To make sure staff are clear on the ground rules, the Employee Handbook should have a policy that outlines:
- The company’s attitude towards political debates;
- Behaviour that is acceptable or not;
- Forbidden activities – e.g. demonstrating or creating petitions;
- The difference between opinion and hate speech;
- The process for staff to report an incident; and
- Consequences for staff who don’t follow the rules (disciplinary action, dismissal, etc.).
Expressing political views online
Employees have a right to express their political opinions, but employers also have a right to discipline staff for making statements that may harm their business.
It may be reasonable for an employee to be disciplined or even dismissed for social media posts they make on their own time and on their private accounts if it brings the employer’s good name into disrepute, depending on the view expressed.
It’s vital that employers have clear social media policies in place outlining the circumstances in which disciplinary action may be taken.
If employers are concerned that an employee has published political statements that may harm their reputation or business position, they should not make any kneejerk reactions. Employers must remember the employee’s right to free expression, which includes their political views.
Employers should create a comprehensive and fair policy clearly setting out the type of social media activity that would be considered employee misconduct and stick to the procedures outlined in their disciplinary and grievance policy.
It would be wise to seek the advice of legal and human resources professionals before finalising any policies surrounding social media to ensure it stays within the law.
Employee rights
Employees have strong legal rights under a range of Irish employment laws. The key obligation for employers is to give employees every chance to state their case in response to an allegation that they have breached the terms of their contract.
It is open to employers to summarily dismiss employees who are guilty of gross misconduct, but this option applies only to cases of very serious misbehaviour of such a kind that no reasonable employer could continue the relationship.
When legislating for summary dismissals, lawmakers envisaged scenarios involving serious issues such as violent assault or theft. Whether an employer would be entitled to summarily dismiss an employee for expressing political opinions on social media is likely to be arguable rather than a straightforward case of gross misconduct warranting summary dismissal.
Unfair dismissal claims
One of the most common reasons for unfair dismissal claims is a failure by the employer to adhere to the rules of their own disciplinary policy.
If you believe an employee has breached their obligations around social media use, ensure that you follow your procedures and apply a disciplinary sanction that is proportionate to the offence.
As discussed above, summary dismissal will only be appropriate for certain cases of gross misconduct.
Business owners are perfectly entitled to regulate political discussion to ensure that their operations run smoothly.
Moira Grassick is Chief Operating Officer at Peninsula Ireland