At a time when activism appears to be on the rise in relation to environmental issues, employers will be carefully considering their stance on climate change, sustainability and biodiversity.
Following Huzaifa Moosa’s blog examining the role of employers in environmental sustainability, Joseph Shelston and Grace Faint move on to look at how employers might seek to engage with colleagues concerned about environmental issues, including where they take action to draw attention to these issues outside work.
The rise of employee environmental activism
Large, active commercial enterprises will normally be public-facing organisations. They have a social media presence and, in some cases, large mainstream media and sponsorship influences. Accordingly, when these organisations act at odds with (or even stay silent on) social trends and cultural movements, they expose themselves to criticism from their employees as well as from media outlets and users.
The past year has seen a resurgence of environmental activism. Recent protests by Just Stop Oil activists are the latest in what has been a series of actions aimed particularly at “the fossil fuel economy” which have caused widespread disruption. Museums and artworks have also been a focus of controversial protest activity. These sorts of actions by their nature provoke strong reactions and divide opinion.
Over recent years we have seen a blurring of the lines between work and private life. At its simplest level this has arisen from home working and hybrid working trends both during and following the COVID-19 pandemic. In addition to this, employees have felt more actively encouraged to raise issues that are important to them in the workplace which has helped drive increased engagement by employers in important issues such as equality, diversity and inclusion.
The views of some employers and many of their employees on environmental sustainability will happily align. But even where there are common goals, the employee’s methods of achieving those aims may be different and, in some cases, come into conflict with those of their employer.
Behaviour outside of work
What employees do outside of work is largely their own business. Subject to activities and publication of opinions which unreasonably disparage or damage the reputation of their employer’s organisation or officers, or which sit at odds with the principles of the Equality Act 2010, employees are allowed to promote causes which align with their personal beliefs. In many situations, attending peaceful protests will be an activity which should not be expected to result in any kind of intervention from an employment perspective.
Employers, however, are increasingly facing challenges surrounding social media activism. Social media activism is not intrinsically unjustified (and indeed in most cases will be entirely harmless), but organisations should be clear in sending a direct message about their expectations for employee use of social media by adopting a stand-alone social media policy or including one in an employee handbook.
Employees will need to be aware that social media activity outside of the workplace is not necessarily private and that the employer can discipline employees for conduct breaching policies in the social media arena, just as in other public arenas. Online conduct harmful to the company, for example inciting violence, harm or criminality, could amount to misconduct or in some cases gross misconduct regardless of whether or not the social media activity arises from personal or professional accounts.
Behaviour in work
What employees do to advance their causes in work can be treated differently.
At the extreme end of the scale, striking has become a component of environmental activism and it is not unreasonable to assume that environmental striking might become more common within the workplace in future.
UK employees do not have a ‘right to strike’, and an employee withholding labour when contractually required to work is acting unlawfully (and is not entitled to be paid for time spent away from work). UK trade unions and employees will only enjoy protection when striking where the following two conditions are met:
Elsewhere, employers might view overtly disruptive employee action, criminal damage or vandalism within their premises (or using their systems and platforms) as disciplinary or criminal matters which justify serious disciplinary action, subject to the employer following formal procedures and reasonable investigation. Essentially, employee action should not damage the employer’s organisation or unlawfully impact upon the ability of employees to perform their work.
So, how can employers engage with issues around environmental sustainability?
Here are some suggestions:
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Put in place internal measures which demonstrate a genuine alignment of values
Set objectively quantifiable environmental targets which can be measured and reviewed. Can emissions, use of resources, or carbon output in supply chains or operational arrangements be reduced? Can donations be made to legitimate environmental causes or partnerships entered into? Could internal challenges be encouraged which demonstrate a genuine attempt to advance environmental causes?
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Involve employees in campaigns
Employee forums and sustainability groups can provide an important focus for those employees who are particularly passionate about environmental issues. These can provide a valuable forum for the sharing of ideas and proposals and alleviate potential tension which might otherwise arise.
Ultimately, pressure campaigns and environmental discontent can arise from the public sphere or from within the employee base. An outlet for employee voices to be heard can highlight issues at an early stage and prevent build-up of wider frustrations.
Perhaps paid volunteer leave (“Employer Supported Volunteering”) would encourage employees to direct their time towards particular issues which motivate or interest them.
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Check supplier/affiliate entities and ensure shared values
Organisations may wish to audit their suppliers and affiliates to ensure that they are doing business with likeminded entities. When tendering, they may seek assurances on environmental issues or targets for sustainability.
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Social media presence
A genuine attempt to engage with environmental issues on corporate social media pages will likely provide a basic level of public-facing material which may allay criticism. However, organisations will need to be sure that such activity steers clear of “tokenism” or “greenwashing”, which can lead to greater backlash and discord.
It would be advisable to implement a public presence on environmentalism only when steps have been taken to demonstrate a genuine commitment to address climate change.
Importantly, from an employment perspective it is key for organisations to understand that becoming involved in social issues is likely to cause some level of discussion. Polarising standpoints may lead to workplace disputes between employees. It will be important to balance valid differences of opinion within an open framework of discussion and collaboration. This framework can be managed by well-trained managers who can handle disputes informally. If differences in opinion become serious conflicts, grievance and disciplinary processes may be called into action.
What do Brabners do?
Within the firm, we have a sustainability employee forum, ‘SEGG’ through which colleagues interested in environmental, social and governance (ESG) concerns can campaign for change within the firm, raise awareness, educate other colleagues and be a collective internal advocate for ESG.
Recently, Brabners have achieved B Corp Status which measures a company’s entire social and environmental impact, ensuring that the treatment of people and planet are adopted as measures of success alongside profit.
We have committed to 12 sustainability goals, with measurable targets. Governance is a key part of the sustainability goals and progress is reported annually in the Brabners’ Sustainability Progress Report.
We have joined various campaigns such as Business Declares a Climate Emergency and the United Nations Race to Zero campaigns.
Finally, we have invested in a peatland restoration project in the Yorkshire Dales, Kingsdale Head Farm. Restoration of peatland is fundamental in our attempts to combat climate change. A peatland in good condition removes carbon from the atmosphere, stores this carbon and also acts as a natural barrier to flooding. However, currently, huge amounts of peatland across the UK are damaged and thus emitting carbon. Colleagues use their Employer Supported Volunteering days at Brabners to volunteer at Kingsdale Head Farm.
How Brabners can help
If you are looking to engage with your workforce on environmental matters or are facing environmental activism within your organisation, we can assist. If you would like to discuss this matter further, please do get in touch with Joseph Shelston who is a partner in our Employment team and a member of our Sustainability Environmental Green Group (SEGG))
This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.
