Employee Considerations Amidst UK Riots

The recent UK riots, sparked by last month’s tragic events in Southport, have spread to several towns and cities nationwide. As many organised protests turned violent, we look at the potential consequences for employees caught up in the violence. We explore what might happen to those involved in the unrest and the key considerations employees should keep in mind.

If you have any employment law queries or believe your rights have been violated, contact Redmans Solicitors today. As specialists in the field, we can answer your questions and guide eligible individuals through the legal process.

To begin:

Misinformation Sparks UK Riots

On 29 July 2024, three young girls were fatally stabbed during a Taylor Swift-themed dance class in Southport. The tragic situation was worsened by misinformation spreading online, falsely claiming that the perpetrator was an asylum seeker and Muslim.

This misinformation fuelled anti-immigration and far-right protests, which soon turned violent and led to the UK riots. Mosques and accommodation housing asylum seekers were targeted across England and Northern Ireland, with windows smashed and buildings set ablaze. In response, widespread arrests have been made, and anti-racism counter-protests have been organised across the country.

The Right to Protest

Article 11 of the European Convention on Human Rights (ECHR) establishes the right to protest in public spaces peacefully. This treaty was brought into domestic law via the Human Rights Act 1998. Despite not being an absolute right, the right to protest can only be restricted in limited circumstances.

If a limitation is placed on the right to protest, it must be set out in law. It must also be necessary, proportionate and have the aim of either:

  • Preventing crime and disorder,
  • Protecting health, morals and the rights of others, or
  • Maintaining national security or public safety.

Since the right only extends to public places, authorities can prevent protests on private land, which may be considered trespassing. What’s more, should a demonstration turn violent, as has occurred with the UK riots, police have the authority to take action.

The Public Order Act 1986 (POA 1986) establishes several offences that could apply to violent conduct in such circumstances. This legislation introduced offences, including rioting, violent disorder, and fear of violence. If convicted of such crimes, a person could face a range of penalties, including fines or imprisonment ranging from several months to up to 10 years.

Repercussions for Employees Involved in UK Riots

Amid the widespread unrest caused by the UK riots, employees caught up in the violence could face serious repercussions. Employers must first conduct a thorough investigation to fully understand what transpired and the impact of the employee’s conduct on the workplace, but once complete, appropriate disciplinary action may be taken.

An employee’s involvement in the UK riots could have far-reaching effects on a company’s reputation. As a result, if an employee’s actions bring negative publicity to a business, dismissal could be warranted to protect its image. Furthermore, an employee’s presence in the violent protests could create tensions within the workplace, especially if the incidents are racially motivated.

If an employer’s subsequent investigation confirms that an employee’s actions constituted misconduct or damaged the company’s reputation, disciplinary action, including dismissal, may be justified. The employer could dismiss the employee on grounds of misconduct or “Some Other Substantial Reason” (SOSR).

Moreover, in cases where the employee is remanded in custody or convicted, their employment contract might be deemed “frustrated”, meaning they can’t fulfil their duties. This could lead to termination without the need for a formal dismissal process.

Employees imprisoned, whether awaiting trial or following a conviction, are typically not entitled to receive pay during the period they can’t work. This financial loss compounds the potential employment consequences they may face.

Considerations for Employees

To avoid the potential consequences of being caught up in the recent UK riots, it’s crucial to take proactive steps. Firstly, the most straightforward approach is to avoid participating in protests that have the potential to escalate into violence. If attending a rally, ensure it is peaceful and lawful, and steer clear of any activities that could be construed as violent or disruptive.

However, if someone finds themselves at a protest that suddenly turns violent or they’re falsely accused of involvement in the unrest, important considerations must be remembered. Initially, it’s essential the individual collates evidence of their non-involvement. Taking photographs and videos could be vital in proving one’s innocence.

Furthermore, under the Employment Rights Act 1996, eligible individuals have the right not to be unfairly dismissed. If an employee believes they were disciplined or dismissed due to alleged involvement in the UK riots, the employer must have a fair reason and follow a fair process, including conducting a thorough investigation. Failure to meet these obligations could expose the employer to legal action.

Similarly, if an employer is found to have treated an employee less favourably due to protected characteristics, such as race or religion, they could face legal consequences for discrimination under the Equality Act 2010. In practice, this may present itself as disciplinary action motivated by such characteristics.

So, if an employee is facing disciplinary action or has been falsely accused of involving themselves in the violence, it’s advised that they seek legal advice. An employment law specialist can inform the employee of their rights, assess the merits of their case, and advise on how to proceed.

By staying informed and taking the right precautions, employees can safeguard their rights and minimise the risks associated with being caught up in events beyond their control.

Get Employment Law Help

If you have any employment law concerns after reading this article, contact us now. Redmans Solicitors are employment law specialists and would happily provide expert advice to help resolve your matter.

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