What HR Practitioners Need to know or do if their employees attend protests or marches – HR News

Summary

In the UK, employees have rights to freedom of expression and assembly under the ECHR (Articles 10 and 11) as incorporated into UK law by the Human Rights Act 1998, but those rights are not absolute and only protect peaceful protest. Private employers are not directly bound in the same way as public bodies, yet tribunals can take human rights into account in employment disputes.

Employers must distinguish between attendance during working hours (no automatic right to take time off — annual or unpaid leave usually applies) and attendance in personal time (generally lawful unless illegal conduct occurs). Arrests or convictions from protest-related activity may justify disciplinary action depending on the offence, impact on role, or reputational harm.

The Equality Act 2010 can protect certain political or philosophical beliefs (see Grainger plc v Nicholson criteria and the Forstater v CGD Europe confirmation that controversial views can be protected if not expressed as harassment). Online expression on social media can also attract disciplinary action where it breaches policies, causes reputational damage, or amounts to harassment or discrimination.

Best practice for employers: have clear conduct and social media policies, apply them consistently, train managers, investigate before acting, assess reputational risk vs employee rights, and seek legal advice where unsure. Clear policies and regular review help balance workplace standards with individual rights.

Article by Robin White, Legal Director and Head of Insured Employment at rradar.

Key Points

Freedom to protest is protected under ECHR Articles 10 & 11 but only for peaceful assembly; violence or criminal acts are not protected.
No general legal entitlement to time off for protests—employees must use annual leave or unpaid leave if the protest falls during working hours.
Arrests or convictions from protest activity can lead to disciplinary action depending on the nature of the offence, operational impact, and reputational harm.
Political beliefs can be protected as “philosophical beliefs” under the Equality Act 2010 if they meet Grainger criteria; apply careful analysis before disciplining for belief-driven conduct.
Online posts are disciplinable if they breach policies, damage reputation, or amount to harassment/discrimination; personal accounts can still be relevant if the individual is identifiable as an employee.
Risk of unfair dismissal and discrimination claims is real—follow fair procedures, avoid knee-jerk reactions, and note qualifying service rules for unfair dismissal claims.
Practical best practice: clear codes of conduct, consistent application of policies, manager training, fact-finding investigations, reputational risk assessment, and early legal advice if unsure.

Why should I read this

If you manage people, this is a must-read primer. It cuts through the legal noise and tells you what to check, what to document and how not to ruin a dismissal case with a hasty reaction. Short version: have clear policies, investigate first, don’t confuse lawful protest with automatic misconduct, and get legal advice when things smell risky.