It is clear to see how this is a challenging situation for your client and one which should be handled with care. Under the Equality Act 2010, individuals have a day one right to claim unfair dismissal due to discrimination if their dismissal is found to relate to their political opinions. However, if these opinions are considered unlawful or in opposition to workplace rules, there are steps that can be taken.
Prior to taking any action, your client should acknowledge the concerns of the employees who have brought this situation to light, before proceeding to conduct a full investigation into the matter. Once all available evidence has been obtained your client should consult their existing workplace policies to determine the appropriate course of action.
Many businesses have a social media policy which outlines how employees are permitted to behave on social media. These policies typically denounce the sharing of any illegal, offensive or politically sensitive material online. If your client has such a policy in place, then disciplinary action may be taken against the employee for their conduct. Depending on the findings of their investigation this can range from a written warning to a dismissal for gross misconduct for a breach of workplace rules.
Given the nature of this situation, it may be that the actions of the employee have brought the company into disrepute. This tends to be more applicable if the employee holds a senior position, however, it can still apply to those in lesser roles. If this is the case it is possible to dismiss the employee for some other substantial reason (SOSR), however, your client would need to present examples of how this has negatively impacted the business (e.g. loss of profits, negative media coverage) should the employee claim unfair dismissal at an employment tribunal.
If your client does choose to dismiss the employee, then there is a risk that they could claim political belief discrimination. There is no qualifying period for making this claim, meaning employees can do so regardless of their length of service. However, the Equality Act 2010 states in order to make a successful claim the belief in question must be ‘worthy of respect in a democratic society’. This means any belief that is racist, sexist or homophobic in nature is unlikely to be supported. It will also help your client’s case if they can point to any discontent that has been created amongst the workforce as a result of the employee’s behaviour.
Ultimately your client does possess the ability to discipline staff that posts offensive content on social media. Whilst they may prefer to give first-time offenders a final warning, your client should consider how the nature of the content could warrant a dismissal when it causes significant harm to the business’s reputation or unrest amongst the wider workforce.
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