Why firms must tread carefully on divisive issues
‘CANCEL culture” – the idea that you can silence or reject someone, or something, based on beliefs you disagree with – has become a key talking point in recent times. Fuelled by a societal re-evaluation of some elements from our past, everything from statues and street names to TV shows and social media posts have come under the microscope.
Donald Trump being permanently suspended on
Twitter was just one example of how a person’s public utterances are being judged. However, the phenomenon of shunning those holding beliefs at odds with our own is not reserved for the highprofile, and this could have important implications for how businesses deal with employees.
In the wake of the attack on the Capitol at the start of the year, a number of US businesses moved to summarily dismiss employees who posted about their attendance or were pictured partaking in the riot. While employers may have seen this as a clear-cut case of bringing the business’s name into disrepute, attempts to replicate this approach in the UK could lead to serious litigation issues for the employer.
This challenge is nothing new for businesses, however the growing influence of social media as a medium for sharing our thoughts, coupled with the rise in interest in complex issues such as Black Lives Matter or anti-lockdown protests, makes it more pertinent than ever. When it comes to disciplining staff who use their social media platforms to share particularly controversial viewpoints, there needs to be a link to employment in some way, and it is often tricky
It is unlikely firms will easily be able to remove staff simply because of controversial views
to demonstrate direct reputational damage. It is only in the event that the content posted impacts on work; involves a client, colleague or customer; or puts the company’s reputation at risk, that a business can take action. However, even then, there must be something identifiable which links the employee with their employer, for example if they were wearing a uniform in the picture or if they list their employer on their social media account.
Employers also have to contend with freedom of speech and the protection against discrimination because of a religion or belief, which makes it more difficult for businesses to take action because of an opinion clash.
In the UK, unlike cases in the United States, it is improbable that employers would have been able easily to fire staff simply because they attended a protest – no matter how divisive that protest may have been.
One thing is certain – this is a challenging landscape and organisations are encouraged to take advice before taking definitive action. At the most basic level, businesses need to ensure that clear policies, for example on on social media usage, are in place and staff are educated on company guidelines. For the moment, it is unlikely that businesses will be able easily to remove staff, simply because of controversial views.
But, as society seems to be becoming more divided along political and cultural issues, the position of the courts and tribunals may begin to shift.