Here at Peninsula we have received numerous queries over the last week in respect of the marriage equality referendum. The majority of these employer queries have arisen after heated discussions and arguments between employees either arguing for or against a Yes/No vote. Given the strongly held views that several of your employees may have, we have compiled this short article to help employers manage the debate. Referendum Overview: On Friday, May 22nd Ireland will be the first country in the world to put the question of same sex marriage to the public vote. The proposed bill would insert a new subsection 4 into Article 41 of the Irish Constitution “Marriage may be contracted in accordance with law by two persons without distinction as to their sex”. The marriage equality referendum has mobilised sections of society that would usually be disengaged from the political process. This has resulted in the matter becoming a hot topic of discussion in essentially every area of our daily lives and the workplace is no different. Conflict in the Workplace: Employers may not have envisaged that the marriage equality referendum would be a source of conflict in the workplace, yet many employers have contacted Peninsula Business Services seeking advice as to how to manage this situation. It is important for employers to be aware that employees may have strongly held convictions. For example, it is not beyond the realms of possibility that a large number of workplaces will contain an employee who is homosexual and another employee who, for example, has devoutly held Christian religious beliefs. As such, there can be very strong difference of opinion with reference to the marriage equality referendum. The difficulty arises where an employee puts forward their arguments in a manner that is offensive or insulting to another employee who may hold a different view. This can easily spill over into employees shouting or losing their temper, engaging in heated exchanges, or worse. Risk of Discrimination It is also important to be aware that an employer is generally liable for the actions of their employees. This is especially the case in terms of discrimination. The marriage equality referendum pointedly addresses marriage in a same sex scenario and the debate has consistently resulted in persons discussing religious beliefs, the impact on children. In addition, news reports have suggested an age divide exists to a certain extent which also presents the possibility of age discrimination. As such, any heated discussion could certainly result in an employee making discriminatory comments towards one of their colleagues, or even a customer/supplier, on the basis of their age, sexual orientation, religious beliefs, marital status, or family status. Impact on the Business In addition, where an employee wears a company uniform in public whilst wearing a Yes/No badge, for example, then it is distinctly possible that members of the public will associate that company forevermore with a Yes or No vote. This could have the effect of marginalising certain categories of customer and impact the business in the marketplace. Managing the Debate: In order to maintain good working relations and to avoid any potential liability for employers, it is important that employers be cognisant of the above and manage the debate where necessary. It would not necessarily be advisable to put an outright ban on discussing the matter, particular given the previously mentioned strong convictions at play which could result in an employee backlash. Rather, the following steps should prove beneficial:
- Employers may wish to speak to their staff and outline that any discussion or debate of the matter must be carried out in a constructive fashion;
- Employers should explain that any discussion must be with due respect to their fellow employees;
- Employees should be informed that they are not permitted to wear any overtly obvious badges or other paraphernalia in the workplace. This is important for avoiding disputes in the workplace, upsetting customers or suppliers etc.
- Importantly, employers should abide by the above three points themselves;
- The employer should reserve the right to step in and halt any discussion if they feel it is getting too animated and confrontational;
- If you have an Employee Assistance Programme in place then it is advisable to remind employees of this facility which can assist them with dealing with personal and work related problems that may have a negative impact on work performance;
- Employers may also wish to specify at this point that any issue that arises in breach of the above point may be addressed through the Disciplinary or grievance processes.
Conclusion An engaging an open debate is something that is welcomed by all elements of society. However, like every good debate, there is often a need for a Chair to manage the process. Employers can take the steps outlined in this article and in doing so limit the likelihood of a dispute in their workplace. If you have any questions on the above issues then please do not hesitate to contact our 24 Hour advice Service on 01 855 50 50.
