Following a mass stabbing incident in Southport on 29 July 2024, there has been widespread rioting in towns and cities across England and in Belfast. Before the perpetrator’s identity was confirmed, false claims circulated online that he was a Muslim asylum seeker who had arrived in the UK by boat. Members of the far right, largely driven by social media, began gathering in anti-immigration protests. These have descended into Islamophobic and racist attacks, looting, and violent clashes with both opposing groups and the police.
 
Periods of social unrest have an impact on everyone, and so inevitably affect the workplace. We have previously written about employer responsibilities during Hong Kong’s summer of unrest. There will be similar considerations for UK employers who will need to focus on employee safety. 

How can the riots impact employees? 

There are various ways in which the current situation can affect employees, including the following:

• Employees may no longer feel safe to go into to work for fear of being targeted during any social unrest, especially if they work in certain sectors such as retail or hospitality.  It has been widely reported that many shops or businesses along high streets have been looted or vandalised.
  
  
• Some employees may feel particularly vulnerable in public-facing workplaces because of the possibility of racist abuse or attacks.  Employees who are identifiable as a Muslim are particularly at risk, as are those who might be perceived as Muslim or a recent immigrant.
   
• Employees may also fear encountering violent protests or being subjected to abuse when commuting to work, particularly if they are likely to be targeted by Islamophobic or racist behaviour.  For example, someone who wears a hijab may currently feel unsafe travelling in an area where a far-right gathering is planned.
   
• Employees may be upset, distracted or withdrawn at work and find it difficult to focus. 
  
  
• Discussions amongst employees about the protests and immigration may be divisive. Employees may be offended by the views of their colleagues expressed at work or on social media. This may give rise to increased tensions in the workplace and possibly an uptick in grievances.

• Any of these concerns may mean that some employees may ask to take time off, work from home or change their work hours. 

What are your obligations? 

Health and safety 

Employers have statutory duties to provide a safe place of work.  This duty to ensure the health, safety and the welfare of employees extends to the workplace, or wherever an employee is acting in the course of their employment. This would cover risks of being targeted by social unrest while at work but is unlikely to include risks employees may face while travelling to or from work.
 
There is also a general common law duty to take reasonable care for the health and safety of employees. The riots are an important context here.  It is certainly possible that employers could be found to have duties to protect employees from any abuse or exposure to these riots in their workplace, such as a shop on the high street – particularly if you are aware that a far-right gathering is planned for a particular location.  It is also possible that this could extend to the commute to work.  Although we are not currently aware of this duty being applied to an employee’s commute, it is certainly arguable that an employer who requires a vulnerable employee to travel to work through an area of social unrest is failing to take reasonable care for that individual’s health and safety.

A failure to comply with health and safety obligations can result in fines and, in some cases, imprisonment. A breach of the duty of care may also result in personal injury claims from any impacted employee.

Trust and confidence

We have written about this right previously in the context of the Covid-19 pandemic  but this right could also apply where an employee reasonably believes that their workplace is dangerous due to its proximity to riots. Employees in this situation would potentially be protected from disciplinary action if they leave work, or if they refuse to work in any dangerous part of their place of work (e.g. the shop floor).

This right is intended to protect employees from urgent dangers in their workplace, where there is no other reasonable option – so general concerns in the absence of a specific gathering near the workplace may not be enough.  However, Muslim or other vulnerable members of staff may more easily be able to show that they are likely to be targeted and so their beliefs of danger are reasonable.

Does this protection extend to an employee’s commute? As discussed in our previous article, while “place of work” is included in section 44, no references are made to travel to or from work.  In the context of the Covid-19 pandemic, the Court of Appeal said in Rodgers v Leeds Laser Cutting Ltd that the perceived danger must arise at the workplace, and so section 44 does not apply to the journey to work.  Although this finding wasn’t directly relevant to the decision in that case, it is a strong indication that the law is not be intended to cover perceived dangers during a commute to work.  

Discrimination claims

The racist and anti-immigration nature of the riots means that they may particularly affect those with a particular religion or race (which includes colour, nationality and ethnic or national origin). For example, if an employee who is a Muslim asked to work from home as they live in an area with rioting and feel unsafe to commute to work, and this is refused, this could give rise to a claim for indirect discrimination.  The employee could argue that the employer’s requirement to come to work in these circumstances disadvantages them personally and Muslims as a group.

An employer can justify indirect discrimination if the requirement is based on a legitimate aim and is proportionate.  However, it may be difficult for an employer to justify requiring a vulnerable employee to attend work if they are at genuine risk of abuse or attacks, either during the commute to work or at the workplace itself. This is particularly if the riots are short term.

What can you do to help? 

Our recommended approach is as follows: 

• Employers should regularly assess the risk in each workplace. Employers should keep up to date with the news reports, social media, government guidance and police advice in your area to ensure awareness of any particular instructions or processes to be followed. Depending on the level of risk, you should have a business contingency plan that can be implemented on short notice.
  
  
• If based in a location which is experiencing rioting, employers should consider adjustments that could be made.  If possible, this could include either allowing employees to temporarily work from home, or adjusting working hours so that they can avoid entering town and city centres in the evening during any planned demonstrations.  We have recently taken similar steps ourselves for staff in our city centre Belfast and Manchester offices. Other possible measures could include covering the cost of taxis or allocating travel buddies. 
  
  
• Consider whether it is possible to temporarily change the place of work.  For example, if you have multiple offices or sites, could an employee work from a place where no far-right gatherings are planned?
  
  
• If employees are client facing (e.g. working in shop, bar, hotel or a restaurant) and/or based within a city centre, ensure that any temporary measures or contingency plans have been clearly communicated, in the event that rioting breaks out in your area. 
  
  
• Media coverage has shown many businesses have decided to board up their windows and close early amid riot fears in their area. If you decide to temporarily shut a particular office or site, ensure that this is communicated as far in advance as possible to employees. If the employees are ready and willing to work, they should still be paid in the usual way, unless the employment contract specifies otherwise.
  
  
• Be sensitive towards employees from targeted groups who are feeling particularly vulnerable, and ensure you listen to their concerns.  It may be necessary to make additional adjustments for some groups.
  
  
• Handle any divisive expressions of views sensitively. The scope of “protected beliefs” under the Equality Act 2010 is wide, and employees may be protected in expressing their views on, say, immigration (even if they are inflammatory). Our recent podcast on navigating tensions in a diverse workplace offers practical strategies for employers to ensure a respectful and inclusive environment.
  
  
• Finally, don’t overlook the mental health implications for your employees.  This is a particularly difficult time for targeted groups, but all employees may be affected in different ways. Consider reaching out to employees and make them aware of any available support, such as mental health first aiders, HR contacts, diversity and inclusion representatives or any Employee Assistance Programmes.