Dismissal for manifesting offensive political opinions
[ch 10: page 356]An employee’s offensive political opinions or affiliation can be a fair reason for dismissal, depending on all the circumstances. For example, if the employee publishes offensive views contrary to the employer’s ethos and potentially harmful to its reputation on a social media platform where the employer can be identified, the dismissal is likely to be fair. As always, a fair dismissal requires well-publicised rules and policies making the employer’s standards clear.
No service is needed for a claim for unfair dismissal where the reason or main reason for dismissal is or relates to an employee’s “political opinions or affiliation” (section 108(4), ERA 96, Redfearn v The UK [2012] ECHR 1878).
Some political beliefs may be protected by the Equality Act 2010. See page 217 for more information.