Can an employee claim discrimination over a workplace poppy ban?  We have some employees who want to wear poppies at work and others who are opposed. How do I handle it? We allow employees in our Scottish plant to wear poppies but thought that this might not be appropriate in Northern Ireland.


Sharon McArdle from the Employment Team at Tughans Solicitors writes:


The Equality Commission for Northern Ireland has advised, in its guide, “Promoting a Good and Harmonious Working Environment”, that the wearing of poppies in the workplace is unlikely to be regarded as creating an intimidating or hostile working environment. The Equality Commission says that, whilst poppies may fall within a category of emblems associated primarily with one religion or community, they are not directly linked to community conflict. The guide also provides that shamrocks fall in to this category.

Whilst it may be the case that such emblems are not directly related to community conflict, there is evidence that the wearing of these emblems can be contentious in Northern Ireland. They can be viewed by some as a way of conveying religious or political identity to others. The Chief Executive of the Equality Commission recognises in an article on emblems on the work place, that employers must take into account the context in which any emblem is being worn, the surrounding circumstances of their own workplace and whether emblems are being worn appropriately. Employers can also take in to consideration whether there are any health and safety issues regarding the wearing of an emblem.

An employee who wishes to wear a poppy and is not allowed to do so because of a workplace policy, may have grounds to claim indirect discrimination on grounds of political opinion, a ground which is available in Northern Ireland, but not in Scotland. There is also conceivably room for such an employee to argue that the employer has discriminated on grounds of race, by allowing Scottish employees to wear poppies but not so allowing Northern Ireland based employees. In bringing such claims, the employee could refer to the contents of the Guide to as evidence of the Equality Commission’s view that poppies are not to be considered to create an intimidating or hostile working environment and would therefore argue that the employer cannot justify indirect discrimination.

On the reverse side, if employees are allowed to wear poppies, an employee who disagrees with this could complain that this creates and intimidating or hostile work environment for them and is therefore discriminatory on grounds of political opinion. There may be particular circumstances in which the wearing of emblems could be done in an excessive or inappropriate way. It would also be unacceptable if an individual was made to feel uncomfortable for wearing or not wearing any particular emblem or if emblems were being flaunted before or forced on them. The Equality Commission’s Guide states that emblems such as poppies are unlikely to create or sustain a hostile environment if displayed with decorum and if appropriate during the designated time and with a sense of due proportion. If these principals are not followed, a person who disagrees with the wearing of poppies may have grounds to complain.

The employer should therefore consider whether its policy of allowing poppies to be worn in Scotland but not Northern Ireland, can be justified. It should also consider whether there are any particular circumstances in its workplaces which would mean it would not be appropriate to allow the wearing of poppies. If there are none, it may consider that the wearing of poppies in the workplace should not create an intimidating or hostile working environment for those who chose not to wear poppies. However, employers should be aware that if the emblems were flaunted or forced upon those who do not wear poppies, other employees may have grounds for complaint. Employees whose action could be considered to create a hostile or intimidating work environment may need to be subject to investigation under the employer’s disciplinary policy.