When employees speak out on political, ethical, or social issues, things can get uncomfortable – fast.

From climate protests to posts on Palestine, in-house lawyers are increasingly asked: Can we discipline them for this? Should we respond publicly? What if this damages our reputation?

There’s no easy script. But as workplace activism rises, GCs need a clear framework to help the business navigate competing rights and risks – without being the “Department of No.”

Here’s how to approach it.

The rise of the vocal employee

Employee activism isn’t new – but it’s evolving.

Staff are more willing to speak out – both internally and online – about everything from pay gaps and DEI policies to global conflict and climate ethics. Sometimes this is directed at the company itself; sometimes it’s more about public positioning (or lack of it).

In a polarised world, silence is increasingly seen as a stance. And when senior leaders do take a position, it can alienate as much as it reassures.

This puts in-house teams in a tight spot. Legal risk on one side. PR risk on the other. And often no clear company position to fall back on.

What the law actually says

In the UK, there’s no blanket protection for ‘activism’ – but there are some important guardrails:

• Freedom of belief is protected under the Equality Act 2010 if the belief is genuinely held, cogent, and worthy of respect in a democratic society. This includes political beliefs and environmentalism – and, more recently, gender-critical views.
• Trade union activity is protected under the Employment Rights Act – including organising, campaigning, and even social media posts in some cases.
• Whistleblowing also covers disclosures about unethical or illegal practices – even if raised in a disruptive way.

But these protections are not unlimited. Employees can still be disciplined for how they express their views – especially if it’s discriminatory, breaches company policies, or brings the company into disrepute.

The common pitfalls

In-house teams are often asked for a “yes or no” – can we fire this person? Can we ban protest t-shirts? Can we take down that LinkedIn post?

But the right answer depends on context. And the wrong approach can:

• Trigger a discrimination claim, especially if beliefs are treated inconsistently.
• Spark media backlash or go viral on social media.
• Demoralise the wider team, particularly if values feel performative or silenced.
• Undermine trust, making employees less likely to raise concerns internally.

Sometimes, overreacting to a minor protest creates the bigger story.

A practical framework for in-house teams

Here’s a sanity-saving way to approach these issues:

1. Slow down.

Pressure from leadership or comms can lead to knee-jerk decisions. Pause to assess the legal position and wider impact.

2. Map the rights.

Is this protected speech, belief, union activity or whistleblowing? Even controversial views can be legally protected.

3. Check the consistency.

Have you disciplined others for similar conduct? Are you applying policies fairly? Inconsistency is fertile ground for claims.

4. Weigh the harm.

Is the employee’s conduct actually causing damage – or just discomfort? Distinguish between reputational risk and reputational inconvenience.

5. Advise on tone, not just legality.

Sometimes the business can act, but probably shouldn’t. Help them find a response that’s legally sound but also human and values-driven.

6. Document the rationale.

Whatever the decision, capture your reasoning. If things escalate, a clear paper trail can be a lifesaver.

Turning tension into trust

Handled well, employee activism doesn’t have to be a headache. It can be a moment to build credibility and trust – both with staff and externally.

The best in-house lawyers don’t just keep the business out of trouble. They help it act with integrity, balance, and empathy – even when the spotlight is on.

Because when tensions flare, it’s how you respond that really defines your values.