Extinction Rebellion Protests And Employment Law

What do employers and employees need to know about protests?

The Extinction Rebellion group called on activists and the general public to stage large-scale protests in London and other world capitals from 7 October 2019 with the aim of putting pressure on governments to take more definitive action on climate change.

As part of this, Extinction Rebellion asked the public to go on strike and/or take time off work to demonstrate with them. Looking at England and Wales, we consider some key employment law aspects of the planned action.

Protests and strike action

Extinction Rebellion called for workers to leave their desks and go out and protest.

Whilst most workers who respond to the call to action will likely use leave (see below), it is possible some may see this as a call to go on strike. In the UK, strike action in this context is unlikely to be lawful. This is because workers who go on strike, and therefore unilaterally deprive their employer of labour, may be in breach of their employment contract. If a strike is organised by a trade union, the union may be liable to the employer for inducing the breach of contract, unless specific steps have been followed to provide the union with immunity. This requires action taken in the 'contemplation or furtherance' of a trade union dispute, which seems very unlikely to apply here.

If workers breach their contracts by going on strike (and withdraw their services) the employer may have grounds to discipline (and possibly dismiss) them for a fundamental breach of contract.

Taking leave

Workers and employees have no right to take paid or unpaid leave whenever they want - it is subject to an employer's reasonable consent. An employer can reject a leave request if it considers, for example, that the absence would interfere with the operation of its business.

Also, if a worker has used up all of their paid leave entitlement they can, provided their employer consents, request unpaid leave.

If a worker takes unauthorised absence then an employer has the option to withhold pay for the period of unauthorised absence and to consider what disciplinary action is appropriate to take against the employee for misconduct. Employers facing this situation should consult their staff handbook and policies, where available, for guidance.

Could the protests invoke discrimination protection?

Under the Equality Act 2010 religion or belief is one of the defined protected characteristics upon which individuals are protected...