Are Employees Allowed to Attend Political Protests?

Protest activity in the UK is on the rise – from demonstrations relating to the Israel–Palestine conflict through to Just Stop Oil and both anti- and pro-immigration rallies. With this surge in political and social activism, the likelihood of employees attending protests or expressing political views has never been greater.

For employers, this raises important questions. What are employees’ rights when it comes to protesting? And what should employers do if that activity creates tension in the workplace or risks reputational harm?

Note that this article considers wider social, political and religious protests, and not protests of industrial action. For more information on that, we have written a guide to trade union laws under the Employment Rights Bill as well as covering the May 2025 amendments to the ERB.

Understanding the Legal Framework

Employees in the UK enjoy rights under the Human Rights Act 1998 (HRA), most notably:

1. Freedom of thought, belief and religion.
2. Freedom of expression.

In addition, the Equality Act 2010 protects religion and philosophical belief as a protected characteristic. Employers must not discriminate against employees because of their beliefs.

However, these rights are not absolute. They do not extend to permitting criminal acts, disorder, or conduct which undermines the rights and freedoms of others.

When it comes to philosophical beliefs, the law applies a strict test. To qualify, a belief must be:

• Genuinely held.
• More than an opinion or reaction to current information.
• Concerned with a substantial aspect of human life and behaviour.
• Cogent, serious, cohesive and important.
• Worthy of respect in a democratic society, compatible with human dignity and not conflicting with the rights of others.

An Employee’s Right to Protest

Within these boundaries, employees do have the right, in their own time, to engage in protests and rallies – whether political, religious, environmental or otherwise. When doing so, the nature of the protest may also be a “belief” which is protected.

However, the manifestation of those beliefs is where limits apply. Peaceful protest is protected. Violence, racial hatred, incitement or other criminal conduct are not. Employees who cross that line risk not only state action but also consequences at work. This is the case even when that conduct occurs outside the workplace.

What if an employee attends a protest during work time?

This would depend on whether the employee was authorised to take the time off. If they have taken annual leave in line with their contract and the employer’s policies, they are entitled to spend this time attending lawful protests or rallies.

If on sick leave, the question will be whether their actions contradict the reasons for their absence. When it comes to absences due to stress at work or mental health related leave, it was not automatically follow that the employees’ actions contradict their sickness absence.

Should the employee take leave without permissions, fail to attend without notice, or falsely claim sickness to attend, this may amount to misconduct. The outcomes will depend on your workplace policies and approach to the situation, but disciplinary action may be justified. This would be the case regardless of whether the employee spent the time attending a protest or rally.

Likewise, the employer would be entitled to act on any unlawful activity, and potentially on any conduct that undermines workplace values, or any behaviour that may cause tension with colleagues. The next section covers this aspect in detail.

When Employers May Act on Employees Attending Political Protests

Employers can, in some cases, take disciplinary action (including dismissal) for conduct outside the workplace. The critical question is whether the conduct impacts the employment relationship. For example:

• Criminal activity or disorder may damage the employer’s reputation.
• Conduct may undermine workplace values.
• Behaviour may cause tension with colleagues.

Deciding whether action is justified requires careful assessment. Employers must consider the employee’s role, their seniority, the nature of the conduct, the impact on workplace relationships and whether reputational damage is real and evidenced.

Intent also matters. Simply attending a protest is unlikely to justify action unless a law has been broken. For example, attending a Palestine Action rally would now be a criminal offence, as the organisation has been proscribed as a terrorist group.

Balancing Employees’ Rights With Duties

Employers must balance employees’ rights to freedom of thought, belief and expression with their duty to protect workplace harmony and reputation. Disciplinary action should focus on how an employee expressed their belief, not the belief itself.

Employers must also avoid overreacting simply because colleagues or third-parties take offence. The Court of Appeal in Higgs v Farmor’s School confirmed there is no general right not to be offended. Freedom of speech includes views that may upset or shock others. At the same time, employees cannot assume unlimited licence to say whatever they want in any context.

Practical Guidance for Employers

To manage these issues effectively, employers should:

• Investigate thoroughly and fairly – avoid bias and act on evidence, not assumptions.
• Differentiate between peaceful protest and unlawful activity.
• Be cautious with reputational concerns – a single complaint is not proof of reputational harm.
• Implement clear policies – set expectations about when conduct outside work may result in disciplinary action, including the attendance of protests.
• Promote dignity and respect – encourage a culture of tolerance where differing views can be expressed respectfully.

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