In shops, offices and factories throughout the land, there are no doubt many heated discussions going on about Brexit.
But did you know that it may be unlawful for you to be discriminated against because of your political beliefs?
As you may know, our head office is based in Northern Ireland. Due to this country’s troubled history, the law and procedure on political discrimination here is a little different to the rest of the UK.
We’re governed by the Fair Employment and Treatment Order (Northern Ireland) 1998 – this makes it unlawful to discriminate against anyone on the grounds of their actual, supposed or absence of religious beliefs and/or political opinions.
The situation in GB is more complex. The Equality Act 2010 does not provide express protection against political beliefs but does prohibit discrimination on the grounds of religion or belief.
‘Belief‘ is defined as being any religious or philosophical belief.
The Employment Appeal Tribunal in the case of Grainger PLC v Nicholson said that support for a political party may not in itself amount to a philosophical belief however a belief in a political philosophy or doctrine such as Socialism, Marxism, Communism or free-market Capitalism could qualify for protection.
On this basis, strong beliefs on Brexit may well be protected.
If you are protected, this means you can’t be treated less favourably than anyone else just because you voted differently to them in the Brexit referendum, or because you don’t share their view on the result.
You’re also protected against bullying and teasing because of your Brexit views.
You shouldn’t have to suffer any kind of environment or harassment that makes you feel intimidated, whether it’s subtle or overt, and whether it’s a one-off or repeated.
Also, you mustn’t be treated less favourably because you’ve made a complaint about political discrimination or supported someone else to do so – that’s called victimisation.
Everyone has the right to be treated with respect, no matter what they think about Brexit.
In a Tribunal, it makes no difference if the discrimination was accidental or inadvertent.
Your employer should therefore take reasonable steps to ensure that political discrimination doesn’t happen in the workplace during work time.
What this means to you
If any of these situations arise, you may be able to make a claim against your employer, and could be awarded compensation.
• Keep a written record
• Try to resolve the situation informally
• Talk to your employer, HR department and/or trade union rep
• Follow your employer’s grievance procedure
• Take legal advice – note that you must act within three months of the latest date the political discrimination occurred
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