Human Capital Services Business Matters
2nd December 2008
Beware of Sacking Employees on Grounds of their Political Beliefs
Here at HCS we strive to keep our clients out of Employment Tribunals and are keen to support organisations to ensure they do not fall foul of the law.
The recently reported news story of 12,000 British National Party(BNP) members’ details being leaked in a document, has caused quite a stir, particularly as some police officers are alleged to have been on the list, and as part of their terms and conditions, they are banned from being a member of the BNP.
But what would you do if you found out that one of your employee’s name was on the list?
Here is HCS’ advice on the matter:
● Firstly you need to recognise that people have the right to hold political beliefs, even if they are not in keeping with your own views.
● The worst thing you can do is dismiss them on the spot. There are risks involved in taking this action.
● The risk of dismissing a member of staff because they’re part of the BNP is that the person may be able to make a claim under the 2003 Religious Discrimination Regulations.
● In April 2007, the definition of ‘religion’ or ‘belief’ changed. The law previously said ‘any religious belief or similar philosophical belief’. Now, ‘or similar’ has now been removed. At the time, there was no intention to widen the power of the regulation, however, it’s as yet untested, and there is a view that far right groups like the BNP will test the law to see if a tribunal will have any sympathy to extend the definition.
What should you do if you find yourself with an employee who has been actively voicing discriminatory values and beliefs in the workplace?
● Firstly you need to ensure that you consider the conduct of the employee at work and if your equal opportunities and diversity policies need to be updated then contact us.
● If you find that following investigations the employee is in breach of your policies, you will need to be confident that if you dismiss, then your reasons for doing so are “reasonable”.
If you would like HCS to help you develop policies such as Equal Opportunities and Diversity, please do not hesitate to contact us at: enquiries@humancapitalservices.co.uk or 0141 776 6456
02 December 2008, webeditor
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