Operating in a hostile environment – employment law considerations

NCVO has recently published their Spring Briefing titled “Charities in ‘Protection Mode’”. The briefing reflects on a volatile operating environment across the charity sector, with the challenges of navigating complex issues having significant impact on charities, their senior leaders, and their staff. 

Last month, we provided a webinar for ACEVO members called “Leading Charities in a Hostile Environment”, and we have now drawn together some key employment law considerations for charities. 

Conflicts of belief

We are seeing increasing number of cases of conflict of belief between staff, and between staff and service users. These disputes often involve a real strength of feeling on both sides, with employers faced with the seemingly impossible task of squaring the circle between two often conflicting views. 

Employers need to remember that a particular belief may amount to a protected characteristic under the Equality Act 2010, giving rise to protection from discrimination. The Court of Appeal case of Higgs v Farmor’s School provides helpful guidance. 

The Court notes that freedom of expression “entails the freedom to express opinions that may shock and offend”. But, “nor … does the employee have carte blanche about what they can say in public or how, or in what circumstances, they say it. The characteristic of the employment relationship may entitle the employer to impose limitations on the employee’s rights to manifest their beliefs and of free expression”. 

Staff expression

An employer therefore does have some influence in how staff express their beliefs in communication with colleagues and service users. Needless to say, great care does need to be taken, and any action from the employer needs to be proportionate. In particular, it is clear that possible, or limited, reputational risk will not be sufficient to justify seeking to constrain an employee’s expression of their beliefs. However, impact on others is a valid consideration, particularly in the workplace and with vulnerable service users. 

Employers would be well advised to have clear policies in place setting expectations of communications, both internally and externally. For example, a dignity at work policy, or social media policy, setting our clearly the standards expected of staff, can be really valuable in navigating disputes. 

External impact

We also have to anticipate situations where the views and behaviours of third parties, whether they be service users or members of the wider sector community, may come into conflict with our staff. We have a general duty to protect the health and safety of staff, and to act in accordance with our contractual obligations, including the implied term of mutual trust and confidence. Charities must also be mindful that the Employment Rights Act 2025 will introduce new obligations on employers. In October 2026, employers will be under a duty to take all reasonable steps to prevent third parties harassing their staff for reasons related to the staff member’s protected characteristic. This additional liability for employers will require careful planning, particularly undertaking risk assessments to identify possible risks, and what steps can be taken to mitigate them. 

What steps can charities take

As outlined above, great care needs to be taken in handling these sensitive issues. Charities can take steps to manage the risk, including:

• Having clear policies setting expectations of interactions between colleagues: introduce, or review existing, dignity at work policies;
• Ensure social media policies clearly address professional and personal engagement on social media and how staff are expected to conduct themselves;
• Ensure clear systems and processes are in place for staff to report concerns, where they feel impacted by hostility, whether internally or externally; and
• Regularly review risk assessments to ensure they are adequate for an evolving environment.