How to defuse workplace tensions after attacks on Israel

Jim Moore

Hamilton Nash

Managing Partner

Israel-Hamas war: How to defuse workplace tensions

HR managers need to act before opposing beliefs erupt into conflict in the workplace.

By Jim Moore

Discussions of either religion or politics are notorious for fuelling arguments. Combine the two and you have an incendiary mix that can inflame tensions in the workplace.

The conflict between Israel and Palestine has dominated the news this week following a cross-border attack by Hamas.

The fallout is being experienced thousands of miles away in the UK, where Jewish schools have closed for their pupils’ safety and anti-semitic attacks have soared.

Workplaces are not immune from becoming divided by the subject.

Opinions can be strongly polarised, and polite debate can quickly boil over into heated exchanges.

It’s common for coworkers to chat about current events, so what should leaders do if a row breaks out at work?

Balancing workers’ rights

There are a number of factors that need to be considered.

Firstly, everyone should be treated with dignity and respect at work. A blazing row carries a high risk of breaking that principle, so this should be enough to trigger an intervention by a manager if they witness voices and tempers becoming raised.

Workers should also be protected from discrimination or harassment. If there’s a heated argument, there’s an elevated risk of ad hominem attacks about race or religion.

What about political arguments? The Equality Act 2010 states that individuals should not be discriminated against on the basis of a ‘philosophical belief’ and, under some circumstances, a political belief might qualify as such.

Opinions can be strongly polarised, and polite debate can quickly boil over into heated exchanges

Relevant cases

For example, in GMB Union v Henderson, a union employee claimed that he had suffered discrimination for his ‘left-wing democratic socialist beliefs’. An employment tribunal agreed that this qualified as a ‘philosophical belief’ and allowed the claim to be heard.

There was also the case of McEleny v Ministry of Defence, where a tribunal found that a belief in Scottish independence could amount to a protected philosophical belief.

If someone politically supports the position taken by either Israel or Palestine, and they are then harassed for expressing those beliefs, this could potentially result in a claim under the Act.

Dealing with difficult subjects

Can employers introduce an outright ban on these discussions, or try to compel workers to take a certain position?

Israel and Palestine aren’t the only controversial topics found in the workplace.

There’s also the tension between those with ‘gender critical’ beliefs (a protected philosophical belief) and those who passionately support the view that there should be no distinction between gender identity and biological sex.

We’ve heard about attempts to force workers to use ‘preferred pronouns’, for example, or not to share gender critical views.

Managers need to consider Article 9(2) of the European Convention on Human Rights (ECHR), which states that the freedom to manifest one’s religion or beliefs can only be limited in very specific circumstances, i.e. where prescribed by law, in the interests of public order and safety, or for protecting the rights of others.

Everyone should be treated with dignity and respect at work. A blazing row carries a high risk of breaking that principle, so this should be enough to trigger an intervention by a manager

Expressing beliefs

This is important, because it doesn’t matter if you strongly object to someone else’s opinion. The question is only whether the expression of their belief would conflict with the law, or the rights and freedoms of others.

Therefore, unless an individual is being hostile and abusive to others, simply expressing a belief that others find objectionable may not be sufficient for the employer to take action against them.

Rather than rely on people complying with policies in handbooks languishing on some internal web site, it’s probably a good idea for HR leaders to proactively reinforce messaging around tolerance, dignity and respect. Remind workers about what might constitute discrimination and harassment.

If such behaviour does occur, intervene quickly.

Investigate the situation, and ensure this behaviour is not tolerated.

Let’s remember that employers may be held vicariously liable for discrimination carried out by an employee, unless they can show they did everything they reasonably could to prevent it.