Jonathan Rennie: Referendum debate could be tricky at work

Scottish employers could be facing a workplace headache as the debate on the 2014 referendum heats up.

As we edge towards Scotland’s date with destiny, passions will run high, with many likely to take to social media outlets to express their personal views. Staff could find themselves at odds with their colleagues and management on the independence issue.

Some major Scottish-based firms have already stated their scepticism of Scotland becoming independent, which could clash with the views of their own workers.

In an ideal world everyone is entitled to debate the issue freely. But recent precedent has shown that airing political views in the workplace is fraught with danger. For example, bus driver Arthur Redfearn was dismissed by his employer Serco after being elected as a BNP councillor for Bradford, as it had considerable reputational concern and anxiety about offending clients.

The European Court of Human Rights duly held that UK law was deficient in not allowing a potential claim based on discrimination for one’s political beliefs. The decision casts doubt on the ability to dismiss a person because of their political beliefs.

A combination of emerging social media channels and insufficiently clear legal guidelines means how much leeway staff have to express their political beliefs is open to interpretation. Comparison can be drawn with the case of Adrian Smith, a Christian, who was demoted for a Facebook comment about gay marriages and won a breach of contract case.

Personal political beliefs of staff currently fall under the opaque protected characteristic of “philosophical beliefs”, something that was never intended to cover political views. Employers will need to be on their guard as staff nail their political colours to the mast. Companies may have an “official line” on Scottish independence but can they really expect their workers to toe the party line? Probably not. The law as its stands offers precious few easy answers. Scotland will need maturity when it comes to debating its future, both in and outside the workplace.

• Jonathan Rennie is an associate at DLA Piper and an expert in employment law.