How can employers manage conflicting rights in the workplace?

In today’s diverse and inclusive workplaces, employers are increasingly faced with the challenge of managing conflicting rights, for example when it comes to religious views and LGBTQ+ rights. Striking a balance between respecting each employee’s rights while ensuring a safe, inclusive environment for all is essential for fostering a harmonious and inclusive work environment.

How may employee’s rights conflict in the workplace?

Balancing conflicting employee rights is challenging for employers and can result in difficult situations to manage. For instance, the right to express religious beliefs might offend those with LGBTQ+ rights, potentially leading to conflict if speech used by one employee includes offensive or discriminatory language against another employee who possesses a certain right.

Further examples of conflicting employee rights may arise in regards to age-related conflicts that occur due to differences in work styles and communication preferences between generations. There is also the potential for conflict to arise where employees express different political opinions, particularly in politically charged environments.

It is important for employers to be aware that cultural disparities can influence communication styles and social norms, potentially leading to misunderstandings.

What issues may arise for the employer from conflicting employee rights?

Where a conflict has arisen between employees with conflicting but protected rights, if steps aren’t taken to try and resolve the conflict, this could result in one or both employees pursuing a claim in the Employment Tribunal. These claims may include, but are not limited to, discrimination, bullying or harassment.

These claims often arise where policies are unclear which, in turn, can result in inconsistent application and mismanagement due to confusion and knowledge on how to deal with the situation. It is, therefore, vital, for employers to take sufficient practical steps to protect themselves from potential claims, and to also ensure that all employees feel supported in the workplace so that they are comfortable to be their authentic selves at work.

What approach should be taken to conflicting rights in the workplace?

It is important that protected rights must be recognised by employers, whether or not the belief in question is popular or mainstream, and even if its expression may offend. However, it may be necessary for the manifestation of the belief and freedom of expression to be limited to the extent necessary to protect the rights and freedoms of others.

The employer must be clear that their objective is sufficiently important to justify the limitation of a particular right. In order to be able to justify the limitation of an employee’s right, the limitation must be rational and the employer must consider whether a less intrusive limitation might be applied. Essentially the employer has to balance the severity of the limitation on the rights of the employee against the importance of the objective and consider whether the former outweighs the latter.

What practical steps can be taken to manage conflicting rights?

Managers play a pivotal role in managing conflicting rights in the workplace. Firstly, they should prioritise open and transparent communication, creating a safe space for employees to voice concerns or conflicts related to protected characteristics or other rights. This fosters an environment of trust and respect.

Additionally, managers should be well-versed in the organisation’s policies regarding diversity, equality and inclusion, ensuring that they are consistently applied. Training should be given to all managers on recognising and addressing unconscious biases that might impact their decision making.

When faced with conflicts, employers should conduct fair and impartial investigations, involving Human Resources or legal experts if necessary. Providing reasonable adjustments for employees with disabilities or other protected characteristics is also crucial, demonstrating a commitment to inclusivity.

Finally, employers should also regularly review and update policies to ensure that they are in alignment with changing legal requirements and emerging best practices. Managers must lead by example, exemplifying inclusive behaviours and setting expectations for all employees to do the same.

Through these steps, employers can create a workplace environment where conflicting rights are managed with sensitivity, fairness and a commitment to upholding the rights of all individuals involved.

Next steps

Effectively managing conflicting rights in the workplace requires skill and patience. By fostering a culture of inclusion, developing clear policies, and engaging in constructive dialogue, employers can navigate these challenges by creating a safe and respectful work environment for all employees. With thoughtful consideration and proactive measures, employers can uphold the principles of fairness and respect in the face of conflicting rights.

If managing balancing rights of employees is an issue that you are facing within your organisation, or if you need further on anything else our Peace of Mind Team can provide specific advice and our document audit team can draft any compliant policies that may be necessary. If you have any other employment related questions, please contact our employment law team by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.