Free Speech, Fair Process, and Correcting Stereotypes

Transcript

Welcome back to Union Voices, the podcast where we bring you real stories from the workplace frontline, told by the people who lived them. Today’s Podcast Title is:- Union Voices:-  “Free Speech, Fair Process, and Correcting Stereotypes”

The discussion is between Jordan, who is a WEU Trade Union representative and Alex, a WEU member, they will talk about a case that raised some really important questions about freedom of expression, race, and fairness in disciplinary procedures.

They are discussing the case six months after the incident. The tone is conversational and reflective, providing both insight and education for WEU members interested in union representation, equality law, and workplace rights. The podcast uses actors to cover identity.

Jordan (WEU Trade Union Rep): Alex, thanks so much for joining me, it has been a while, how are you?

Alex (WEU Member): Hi Jordan, I’m good, thanks. It’s strange thinking it’s already been six months since everything happened, but I’m really glad we’re talking about it now to help other members understand what went on.

Jordan: Yeah, it was a pretty intense experience, and I think there’s a lot we can learn from it. So, let’s start at the beginning, do you want to explain briefly what the disciplinary was about?

Alex: Sure. It was basically about a few things I’d shared on my personal social media, such as articles and opinions about immigration, specifically the asylum seekers crossing the Channel, and also some posts about the Black Lives Matter protests. A manager flagged them as potentially inappropriate, and before I knew it, I was facing a disciplinary hearing.

Jordan: And just to be clear, these were posts on your personal profile, made outside of work hours?

Alex: Exactly. Nothing was directed at colleagues or anything like that. It was mostly reposting public articles and sharing my own thoughts.

Jordan: Right and what stood out to me at the time was how the case highlighted the balance between an employee’s right to private life and an employer’s interest in workplace reputation. But there was one comment during the hearing that really concerned both of us.

Alex: Yeah, when discussing the posts about Black Lives Matter, the manager chairing the hearing said, “How do you think Black people will feel when you’re criticising Black Lives Matter?”

Jordan: That was a big moment. Because while the comment might have seemed reasonable on the surface, it made a huge and problematic assumption, that assumption was that all Black people think the same way about a political movement. And that’s where it risked crossing the line into racial stereotyping.

Alex: Exactly. It felt like they weren’t hearing what I was actually saying, they were just seeing the topic and assuming I was attacking a whole group of people. That wasn’t the case at all.

Jordan: And that’s why we raised it as a potential breach of the Equality Act 2010. It’s not just about what’s said, but the assumptions behind it. Suggesting that all members of a racial group support one viewpoint is, in itself, a kind of bias and one that can affect decisions in the disciplinary process.

Alex: What really surprised me was how shocked the manager was when we challenged that. Like they’d never considered that their comment could actually be discriminatory.

Jordan: That’s something I see a lot as a Trade Union Rep, people aren’t always aware of the unintended consequences of their words. But that’s why Trade Union representation by the WEU matters. We’re not just there to argue cases but we’re there to make sure processes are fair, lawful, and respectful.

Alex: In the end, I only received verbal direction, and I was told to be more cautious online. But honestly, it was your support as a WEU rep that helped me get through it. I would’ve really struggled facing that alone.

Jordan: That’s what we’re here for. And for anyone listening, the point is this: employees do have the right to express themselves, especially outside work, and employers must avoid assumptions.

Alex: Yeah and I always say to colleagues now, if you ever feel something’s not right, or you’re being treated unfairly, talk to the WEU. I’m glad I did.

Jordan: Thanks, Alex. And thanks again for being open about your experience. The Equality Act 2010 is there to protect employees and you as a member of the WEU.