‘Operation Raise the Colours’ has been in the news recently, in which UK residents have been encouraged to display the Union Jack and St. George’s Cross in their homes and gardens, as well as in public spaces including on lampposts, motorway bridge and roundabouts. Whilst there is always debate to be had around how patriotism is displayed in the UK, employers must be conscious of their duty to protect all staff from discrimination and harassment under the Equality Act 2010.
Even national symbols can become problematic if they are used in a political or divisive way. For example, if the workplace appears too political or nationalistic, some staff may feel unwelcome. This can lead to low morale, reduced engagement, or even people leaving their employment.
Workplace Displays and Expression
Dress codes and visible symbols
Employers should have policies about acceptable workplace attire or displays. Allowing or prohibiting campaign-related symbols (e.g. flag badges, posters) can risk appearing discriminatory, especially under the Equality Act 2010, if actions are perceived to disproportionately affect protected groups.
Neutrality vs perceived endorsement
Even permitting neutral personal expression could be interpreted internally or publicly as the employer endorsing a particular political or cultural stance. This becomes especially sensitive if the campaign is seen as controversial.
Harassment and a Hostile Work Environment
Tensions or conflict
Staff members who feel intimidated or offended by the symbolism, particularly those from ethnic minority backgrounds, might experience distress. Employers have a legal duty to prevent harassment and maintain a safe working environment under the Equality Act 2010.
Constructive dismissal risk
If individuals feel the workplace has become hostile or discriminatory, they may resign and claim constructive dismissal, leading to possible liability for the employer.
Managing Internal Policies Consistently
Employers are advised to have neutral, consistently applied rules on workplace expression whether it’s political, cultural or symbolic. Inconsistency might invite grievances or claims of unfair treatment.
Professional reputation and responsibility
Employers in sectors such as public services or education may face reputational scrutiny if their workplace appears to condone or support divisive public campaigns. Professionals should be aware of the risks of expressing strong political or cultural views even outside the workplace.
Freedom of Belief and Religious or Philosophical Rights
Expressions motivated by deeply held philosophical or political beliefs may attract protected status under the Equality Act 2010.
Employers should be cautious when addressing such expressions, to avoid indirect discrimination or infringing on legal rights. Don’t forget that even if the employee’s views don’t fit with those of the business, that does not mean they are not protected.
Employee Relations and HR Considerations
Addressing sensitivities
Employers need to balance respect for personal expression with the need to protect employee well-being. Clear, fair processes for handling complaints or concerns are essential.
Avoiding litigation
Employment tribunal cases, even allegations of harassment or unfair dismissal can be costly. Employers should proactively mitigate risk through open dialogue, training, and policy guidance.
Social media
Employers need clear policies on social media to ensure staff are clear on what is and what is not acceptable to post online. Staff should also be reminded that social media has the power to go viral.
In today’s polarised social climate, even seemingly neutral national campaigns can give rise to complex legal issues in the workplace.
Employers must tread carefully, respecting freedom of expression while maintaining an inclusive, legally compliant environment for all.
Having clear, consistently applied policies is key. So too is recognising when cultural or political expression crosses into legally protected territory under the Equality Act 2010. Employers who fail to strike the right balance risk reputational harm, internal disruption, and potentially costly legal disputes.
Our Employment Law team advises businesses that must navigate sensitive workplace issues with confidence. Our solicitors offer pragmatic and tailored support to ensure your organisation stays compliant while maintaining a respectful, professional working culture for everyone.
Key Contact
Paul Hennity
Employment Law Partner
Paul is a Partner in our Employment Law team, currently dividing his time between our Chester and Wirral offices.
