The recent far-right riots across the UK, sparked by last month’s tragedy in Southport, have spread fear and uncertainty, leaving many feeling vulnerable. This summary highlights what employers should do to support their employees during this time and the potential consequences for those affected by the unrest.
Right to protest and legal boundaries
The right to protest is protected under Article 11 of the European Convention on Human Rights (ECHR), incorporated into UK law via the Human Rights Act 1998. This right, however, is not absolute and can be restricted to prevent crime and disorder, protect health, morals, and the rights of others, or maintain national security or public safety. The Public Order Act 1986 outlines several offences related to violent conduct during protests, including rioting and violent disorder, which can result in severe penalties, including imprisonment.
Disciplinary actions and employment contracts
Employers must conduct a thorough investigation if an employee is involved in riots. Disciplinary action can be taken if there is reasonable evidence that the employee has breached company policies or engaged in conduct that risks the company's reputation. The disciplinary procedure must be fair and based on reasonable belief following a reasonable investigation. Employers do not need to wait for the outcome of criminal proceedings to take disciplinary action but must balance the need to conclude the disciplinary process against potential prejudice to the employee.
Frustration of contract and non-payment during custody
If an employee is imprisoned, their employment contract may be considered "frustrated," meaning they cannot fulfil their duties, leading to termination without a formal dismissal process. Employees in custody are not entitled to receive pay during the period they cannot work. This financial loss compounds the potential employment consequences they may face.
Health and safety obligations
Duty of care
Employers have a statutory duty to provide a safe working environment, which extends to protecting employees from risks associated with social unrest. This includes risks at the workplace and potentially during the commute if the employee is required to travel through areas of unrest. Failure to comply with health and safety obligations can result in fines, imprisonment, and personal injury claims.
Serious and imminent danger
Under Section 44 of the Employment Rights Act 1996, employees have the right to refuse to work in circumstances where they reasonably believe they are in serious and imminent danger. This protection can extend to situations where employees feel unsafe due to proximity to riots. Employers must ensure that any instructions are reasonable and clearly communicated, and that any process for dealing with transgressors is applied fairly and consistently.
Supporting employees
Emotional and practical support
Employers should remind staff of how they can access emotional and practical support, such as through HR or managers. Temporary adjustments, such as working from home or adjusting working hours, should be considered to help employees avoid commuting during times of unrest. Employers should also be sensitive to the needs of employees from targeted groups and ensure they listen to their concerns.
Communication and risk assessment
Regular risk assessments should be conducted, and employers should stay updated with news reports, social media, and government guidance. A business contingency plan should be in place to address potential risks. Clear communication with employees about any temporary measures or contingency plans is crucial to ensure their safety and well-being.
Additional considerations
Discrimination claims
The racially aggravated nature of the riots means that employees from certain racial or religious backgrounds may feel particularly vulnerable. Employers must be cautious to avoid indirect discrimination claims by ensuring that any requirements, such as attending work during unrest, are justified and proportionate. Employers should also handle any divisive expressions of views sensitively to maintain a respectful and inclusive workplace environment.
Mental health implications
The mental health implications of the riots should not be overlooked. Employers should reach out to employees and make them aware of available support, such as mental health first aiders, HR contacts, and Employee Assistance Programmes. This is particularly important for employees from targeted groups who may be experiencing heightened stress and anxiety.
By adhering to these guidelines, employers can navigate the complexities of managing employee considerations amidst UK riots, ensuring legal compliance and the well-being of their workforce.
Further reading
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