12th August 2024 | Emma O’Meara | Employment, Employers, Riots

In the wake of recent anti-immigration riots, employers may find themselves facing a challenging situation if any of their employees are implicated in these events. Managing such a scenario requires a careful, balanced approach that respects the rights of the individuals involved while safeguarding the company's reputation and workplace harmony. Below are some key steps for employers to consider.

Understand the Legal Framework

Before taking any action, it’s essential to understand the legal framework that governs employee conduct outside of work. Under English law, an employee’s conduct outside the workplace can be grounds for disciplinary action if it impacts the employer’s business or the employee’s ability to perform their job. This could include damaging the company’s reputation or relationships with clients and colleagues.

Gather Facts and Evidence

If you become aware that an employee has been involved in anti-immigration riots, it’s crucial to gather all the facts before proceeding. This may include:

  • Confirming the employee’s involvement through reliable sources.
  • Reviewing any social media posts or public statements made by the employee.
  • Considering whether the employee’s actions have been criminally charged or are under investigation.

However, employers must also respect the employee’s right to privacy and avoid making assumptions without sufficient evidence.

Assess the Impact on the Business

Next, assess how the employee’s involvement might affect the business. This assessment should consider:

  • Reputation: Could the employee’s actions harm the company’s public image?
  • Workplace Harmony: Could their involvement cause tension or conflict among other employees?
  • Client Relationships: Might clients react negatively if they learn of the employee’s involvement?

The severity of the situation will often determine the appropriate response. For instance, an employee in a public-facing role might pose a greater risk to the company’s reputation than one in a less visible position.

Consider Your Options

Once the facts are clear and the impact is assessed, employers must decide on the most appropriate course of action. Options include:

  • No Action: If the involvement is minor and doesn’t impact the business, no action may be required.
  • Informal Discussion: A private conversation with the employee to understand their perspective and reinforce company values.
  • Formal Disciplinary Action: If the employee’s actions have damaged the company or breached company policy, disciplinary measures, including warnings, suspension, or even dismissal, may be necessary.

Any action taken should be proportionate and in line with the company’s disciplinary policies. Ensure that any disciplinary process is fair and consistent with the company’s procedures.

Review and Reinforce Company Policies

This situation also provides an opportunity to review and reinforce company policies related to conduct, social media use, and diversity and inclusion. Make sure that all employees understand the company’s expectations regarding behaviour both inside and outside of work.

Consider implementing training sessions that address the importance of diversity, inclusion, and respectful conduct. This can help prevent future issues and foster a more inclusive workplace culture.

Communicate with Your Workforce

If the employee’s involvement in the riots becomes public knowledge, it may be necessary to communicate with your broader workforce. However, this must be done carefully to avoid exacerbating tensions or violating privacy rights.

Consider a general communication that reaffirms the company’s commitment to diversity, inclusion, and respectful behaviour, without singling out the individual employee involved.

Seek Legal Advice

Given the complexities of these situations, it’s advisable to seek legal advice before taking any formal action. This ensures that your response complies with employment law and minimises the risk of legal challenges.

Conclusion

Employers must tread carefully when responding to employees involved in anti-immigration riots. A balanced approach that considers the legal framework, the impact on the business, and the company’s values will help navigate this difficult situation. By handling the matter with care, employers can protect their business interests while promoting a respectful and inclusive workplace.

If you require assistance in dealing with such matters, Sherrards is here to help. Please do not hesitate to contact us for expert legal advice tailored to your specific needs.

To find out more, contact Emma O’Meara. 

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