Southampton: Irwin Mitchell advises on Brexit bullying

Employment lawyers at Irwin Mitchell have warned businesses that they might risk facing claims for failure to deal with workplace bullying if they do not deal effectively with staff conflicts resulting from the Brexit vote, which has raised euphoria in some and anger in others.

Simon Fenton, an employment partner at Irwin Mitchell in Southampton, said: “Employees are entitled to hold different opinions to their employers and others with whom they work, but this does not mean that they have an absolute right to say what they like. 

“Most employers have workplace policies and rules which spell out the behavioural standards staff must meet and these will usually require staff to treat each other with dignity and respect. Any ridiculing for ‘mistaken’ beliefs, therefore, might cause problems, amount to bullying and in extreme circumstances lead to employment tribunal claims

“Under UK law, an individual can complain of bullying or harassment if comments are ‘unwanted’ and create a hostile or intimidating working environment.  It is not a defence to say that the comments were ‘banter’ or that the victim is too sensitive or that the comments were not directed at them.    

“Employers have a duty to dampen down any conflict in their workplace about the implications of Brexit and should remind staff to respect each other’s opinions and not allow their political opinions to affect their work or the relationships they have with their colleagues. 

“A belief in the EU, or alternatively the sovereignty of the UK, might be construed as a ‘philosophical belief’ protected under UK discrimination law.  Whilst a ‘belief’ has to be more than an opinion, employees who believe that they have been bullied for holding a contrary view on Brexit to the majority of their colleagues, may try and bring claims based on their beliefs if no action is taken to protect them. It may come as a surprise to some businesses but previous cases have found that a belief in climate change, anti-fox hunting and left wing democratic socialist beliefs have all been held to be capable of protection.

“If employers fail to protect their employees, claims could be potentially brought for constructive dismissal, if such bullying (or the failure to stop it) were deemed to lead to a fundamental breach of contract.”