Protest & Work Guide
LAST UPDATE: N/A

How to support workers taking political action outside of the workplace

By People Support Coop & RadHR
Protest & Work

Summary

Can organisations offer ‘protest leave’ to workers? Meaningful change requires people to challenge injustice beyond the workplace; offering protest leave is one way organisations can support this principle. This guide offers practical information for organisations choosing to offer protest leave.

This is a guide by People Support Co-op for organisations looking to use their internal policies to support workers protesting social and environmental injustice, and for workers wondering how their protest activity might affect their employment.

Section 1:

Legislation and Protest

  • Police, Crime, Sentencing and Courts Act 2022
  • Public Order Act 2023
  • Crime and Policing Bill
  • Terrorism Act 2000 & 2006
  • The impact of legislative change and increasing restrictions on protest

Section 2:

Taking time off work to protest against injustice

  • What options are there for offering time off to protest?
  • If my employer doesn’t offer protest leave, can I still request time off work to attend a protest?
  • What risks could we face as an organisation if we offer protest leave?
  • Could we be found criminally liable for incitement if an employee is charged in relation to protest/direct action undertaken during their protest leave?
  • Are there any other circumstances in which we could be liable for an employee’s actions undertaken during their protest leave?
  • What about civil liability?
  • Is it more risky if we call it Civil Disobedience Leave than Protest Leave?

Section 3:

Getting Arrested

  • What support can we offer to an employee who’s been arrested?
  • Do I have to tell my employer if I’ve been arrested?
  • Can my employer take any action against me if they find out I’ve been at a protest and/or if I’ve been arrested during a protest?
  • Do I have to tell my employer if I am released under police investigation?

Section 4:

Criminal Charges and Convictions

  • Do I have to tell my employer if I am charged and released on bail?
  • What support can we offer to an employee who’s been charged?
  • Is it ok to put out a solidarity statement?
  • Do I have to tell my employer if I am convicted?
  • Do we have to end the contract if an employee is imprisoned?
  • Can we offer financial support to an employee in prison?

Section 5:

Applying for Work with a Criminal Record

  • Will a conviction affect me when I apply for jobs in the future?

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Licence

This guide is shared under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence (CC BY-NC-SA 4.0).

This means you are free to use it to create or develop your own policies and processes.

For more detail, see the end of the guide.

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