Nxt Manchester — Jan./Feb. 2009 - (Page 7)

lenge Q: I am the HR manager of a medium sized law firm in Manchester and have recently been told that an employee is a BNP member. I am concerned about the impact it could have on the reputation of the firm should our clients find out. We employ a number of Asian and other people from ethnic minorities. I am worried about their feelings as well. Can I approach him about it directly to confirm if it is true and could the firm dismiss him if it is? claim for unfair dismissal unless there is a substantial reason for the dismissal. A substantial reason could include damage to a firm’s reputation. This would only apply if the employee in question holds a senior role within the firm with substantial client contact and their membership of the BNP is incompatible with their role. Vicky Bennett Associate Weightmans Law Firm side the workplace if the employee’s political activities affect the employee’s ability to carry out their job, their colleagues or the firm’s business interests. Again, the nature of the employee’s role within the organisation would be an important factor. It would be reasonable for the employer to initially meet with the employee to clarify whether they are in fact members of the BNP and the level of the employee’s involvement. However, if their involvement is limited to membership only then the employer should be cautious of taking any further action unless any of the circumstances referred to above apply. If an employer intends to discontinued on page 23 They did the NXT CHALLENGE It is unlikely that an employer would be able to defend a claim for unfair dismissal if they sacked an employee who Vicky Bennett is a member of the BNP answers: simply because the firm The British National Party employs people from (BNP) supporters’ details Asian or ethnic minority were recently published backgrounds. An employer on the Internet. Shortly after the BNP party leader would have to consider warned that if any employ- the employee’s behaviour in the workplace toward er’s took action against colleagues and if there is BNP members then they would face substantial pay- no evidence that they are behaving inappropriately outs for unfair dismissal. towards other employees then the employer would There is a high risk that have very limited grounds an employer who sacks to take action. an employee with one year’s service or longer An employer can take into for being a member of account behaviour outthe BNP could face a

Table of Contents Feed for the Digital Edition of Nxt Manchester — Jan./Feb. 2009

Cover Contents Editor's Notes Nxt Challenge MediaCityUK 2009 - The Vision The Lowry Hotel Nxtbook Stateside Nxtbook Europe Colin's Spinning Jenny Puts Manchester on the New Media Map Personal Liability Shock in Store for Insolvent Directors Key Tips to Generate Web Site Revenue Economy: Business Rescue Taxman Drives a Hard Bargain on Travel Expenses Server-Hosting Sector Goes Green Don't Let the Credit Crunch Affect Your Health The Changing Face of Manchester Salford University Appoints MediaCity Director Century Turns Real Nxt News Events

Nxt Manchester — Jan./Feb. 2009

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