Can you sack someone for voting the 'wrong' way?

As shockwave after shockwave hits this morning, Brexit and a resignation by the Prime Minister, tensions are running high on social media. Never in our modern history of the UK has a political decision caused such ripples through our society. Britain truly is cut in half.

 

So if your business was steadfast Remain and you have an employee celebrating this morning, or if you were Exit and someone is sulking around the business, can you dismiss? Are they the people you thought they were? Do you feel that your trust in them has been betrayed?

 

Dismissal on the grounds of a political belief is most likely to be unfair. If you have an employee who has been with you more than 2 years, dismissal for a political reason is likely to result in a tribunal. There have been hard fought extreme cases surrounding BNP supporters being sacked from positions working with minorities which engaged real legal debate about trust and confidence, but the Brexit debate is unlikely to grant such arguments.

 

Is it discrimination? There has been previously a tribunal decision (non-binding) in Scotland which has given pause for thought and in Northern Ireland the situation differs substantially, but at present employees cannot generally rely on the Equality Act for protection from discrimination for their political beliefs.

 

So what are the implications for Employment Law? A million bloggers will tell you they know the answer, the real answer….no one knows.