Your right to free speech on social media

As a UK employee, you may find yourself deeply moved by global issues, such as the Israel-Gaza or Russia-Ukraine conflicts, and feel compelled to share your views, particularly on social media. 

But your drive to express your opinions raises significant questions about the balance between your freedom of speech and the potential impact of what you say on your employer’s reputation and the workplace atmosphere.

This post briefly outlines the main challenges you face as a UK employee when you’re discussing contentious issues like the Israel-Gaza or Russia-Ukraine conflicts on social media. It identifies your rights to express your political and other views, and highlights the importance of understanding the policies your employer may implement to manage views that might be seen as objectionable to them and/or their customers.

The challenges of discussing international conflicts

When you express your views on highly-charged conflicts, especially through public platforms like social media, it doesn’t just expose your perspective; it also poses risks for your employer. Your opinions could potentially clash with your organisation’s values, harm its public image, or even create tensions among colleagues.

There have been instances globally where individuals have faced consequences such as having job offers withdrawn or being sacked, due to their online statements. These repercussions underscore the real-world impact of what might seem like digital-only expressions.

Your rights to political expression

As a UK employee, you have certain rights when it comes to expressing your opinions. These rights are supported by the European Convention on Human Rights, which covers the freedom of thought, conscience, and expression, and the Equality Act 2010, which protects you from discrimination based on your political and other beliefs.

However, these freedoms are not unlimited; they do not extend to inciting hatred or violence. It’s important to understand that while you have the right to express your views, this right comes with responsibilities and limitations, especially when your expressions could affect your employment and workplace.

 

Understanding your employer’s policies

Your employer must carefully balance supporting a diverse and respectful workplace with protecting the organisation’s reputation. To navigate this delicate balance, employers often establish clear guidelines, such as a code of conduct, a social media policy, and equality and harassment policies.

These policies outline expected behaviours, both offline and online, and clarify the consequences of violating these expectations. Familiarising yourself with these policies can help you understand the rules in your particular workplace, and the boundaries within which you can express your political views.

When faced with expressions or views that might be considered objectionable, your employer should:

• Evaluate the legal rights involved, mindful of the interplay between your human rights and discrimination laws.

• Identify the specific issues arising from the view you have expressed, considering the context, audience, and potential impact on others.

• Follow fair disciplinary procedures in line with the Acas Code of Practice on disciplinaries, ensuring you have the opportunity to present your side.

• Apply any penalties proportionately, preferring to give you educational or warning measures over more severe actions when possible.

• Be aware of the risk of you making a constructive dismissal claim if their disciplinary actions seem discriminatory.

 

Conclusion

While it’s important to exercise your right to free speech, you also need to be aware of how your expressions might affect your employment and your workplace environment.

If you really want to contribute to a dialogue on social media about sensitive geopolitical issues like the Israel-Gaza and Russia-Ukraine conflict, we think it’s generally OK to do so, providing what you say can’t be construed as inciting hatred or violence, or as representing the views of the organisation you work for.

Even if you feel very strongly about the issues, you should be able to get your points of view across by communicating constructively and thoughtfully. That way, you can express your opinions and also minimise the risk of negative repercussions at work.

Seeking help for unfair treatment at work

If you think you’ve been unfairly treated at work for posting your views on social media, or for any other reason, then get in touch with Monaco Solicitors, specialist employment law solicitors. 

Monaco Solicitors only deal with employees – not employers – and you can be sure of getting employment law support and advice which is not only expert, but also friendly and sympathetic. Check us out on our website.

If you want to find out whether you have a legal case relating to free speech on social media or any other workplace issue, press the ‘Get Started’ button in the image below.