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As an employer, can I compel my employees to vote?
In which state should interstate college students vote?Fences around the laws; vote swappingCan a US citizen vote in a US federal election if they don't live there?Standing and legal remedies for voter suppression and vote discardingCould I sue for a popular vote?Can someone who primarily lives abroad vote in America if they happen to be a citizen?Could a high school teacher require their students to register to vote in New York?Can the federal government tell San Francisco that they cannot allow non-citizen immigrants to voteCan I authorize someone to vote on my behalf?
.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;
Obviously an employer absolutely can't require employees to vote for any particular candidate (or even to vote for any candidate rather than spoiling their ballot), but if it was included as a clause in employees' contracts that they must (in company time) attend the appropriate polling station and "participate" in some defined set of elections (eg "all local and national governmental elections and referenda"), and that failing to do so was a disciplinary offence, would such a clause be enforceable? Would an employer legitimately be able to fire someone for failing to comply?
Looking for answers in relation to the UK.
england-and-wales voting
New contributor
add a comment
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Obviously an employer absolutely can't require employees to vote for any particular candidate (or even to vote for any candidate rather than spoiling their ballot), but if it was included as a clause in employees' contracts that they must (in company time) attend the appropriate polling station and "participate" in some defined set of elections (eg "all local and national governmental elections and referenda"), and that failing to do so was a disciplinary offence, would such a clause be enforceable? Would an employer legitimately be able to fire someone for failing to comply?
Looking for answers in relation to the UK.
england-and-wales voting
New contributor
1
How would you go about proving that someone had not voted?
– ItWasLikeThatWhenIGotHere
8 hours ago
Same way you would audit any other employee activity: put the initial burden on them by expecting them to record it on their timesheet and submit a 'receipt' in the form of a checkin outside the polling station. To actually prosecute someone you would need to gather evidence (eg from company phone location data) that they were elsewhere.
– Stephen
8 hours ago
@ItWasLikeThatWhenIGotHere: At least in the USA, the record of who voted is public. It sometimes includes where they voted, and what time they voted (but obviously, never how they voted on candidates and issues)
– abelenky
8 hours ago
2
I suspect the answer to this question is no, as in the UK, the right to vote includes the right not to vote. I'll leave it to others to provide evidence of that, but in the meantime: what about employees who vote by post?
– Steve Melnikoff
8 hours ago
add a comment
|
Obviously an employer absolutely can't require employees to vote for any particular candidate (or even to vote for any candidate rather than spoiling their ballot), but if it was included as a clause in employees' contracts that they must (in company time) attend the appropriate polling station and "participate" in some defined set of elections (eg "all local and national governmental elections and referenda"), and that failing to do so was a disciplinary offence, would such a clause be enforceable? Would an employer legitimately be able to fire someone for failing to comply?
Looking for answers in relation to the UK.
england-and-wales voting
New contributor
Obviously an employer absolutely can't require employees to vote for any particular candidate (or even to vote for any candidate rather than spoiling their ballot), but if it was included as a clause in employees' contracts that they must (in company time) attend the appropriate polling station and "participate" in some defined set of elections (eg "all local and national governmental elections and referenda"), and that failing to do so was a disciplinary offence, would such a clause be enforceable? Would an employer legitimately be able to fire someone for failing to comply?
Looking for answers in relation to the UK.
england-and-wales voting
england-and-wales voting
New contributor
New contributor
New contributor
asked 9 hours ago
StephenStephen
1211 bronze badge
1211 bronze badge
New contributor
New contributor
1
How would you go about proving that someone had not voted?
– ItWasLikeThatWhenIGotHere
8 hours ago
Same way you would audit any other employee activity: put the initial burden on them by expecting them to record it on their timesheet and submit a 'receipt' in the form of a checkin outside the polling station. To actually prosecute someone you would need to gather evidence (eg from company phone location data) that they were elsewhere.
– Stephen
8 hours ago
@ItWasLikeThatWhenIGotHere: At least in the USA, the record of who voted is public. It sometimes includes where they voted, and what time they voted (but obviously, never how they voted on candidates and issues)
– abelenky
8 hours ago
2
I suspect the answer to this question is no, as in the UK, the right to vote includes the right not to vote. I'll leave it to others to provide evidence of that, but in the meantime: what about employees who vote by post?
– Steve Melnikoff
8 hours ago
add a comment
|
1
How would you go about proving that someone had not voted?
– ItWasLikeThatWhenIGotHere
8 hours ago
Same way you would audit any other employee activity: put the initial burden on them by expecting them to record it on their timesheet and submit a 'receipt' in the form of a checkin outside the polling station. To actually prosecute someone you would need to gather evidence (eg from company phone location data) that they were elsewhere.
– Stephen
8 hours ago
@ItWasLikeThatWhenIGotHere: At least in the USA, the record of who voted is public. It sometimes includes where they voted, and what time they voted (but obviously, never how they voted on candidates and issues)
– abelenky
8 hours ago
2
I suspect the answer to this question is no, as in the UK, the right to vote includes the right not to vote. I'll leave it to others to provide evidence of that, but in the meantime: what about employees who vote by post?
– Steve Melnikoff
8 hours ago
1
1
How would you go about proving that someone had not voted?
– ItWasLikeThatWhenIGotHere
8 hours ago
How would you go about proving that someone had not voted?
– ItWasLikeThatWhenIGotHere
8 hours ago
Same way you would audit any other employee activity: put the initial burden on them by expecting them to record it on their timesheet and submit a 'receipt' in the form of a checkin outside the polling station. To actually prosecute someone you would need to gather evidence (eg from company phone location data) that they were elsewhere.
– Stephen
8 hours ago
Same way you would audit any other employee activity: put the initial burden on them by expecting them to record it on their timesheet and submit a 'receipt' in the form of a checkin outside the polling station. To actually prosecute someone you would need to gather evidence (eg from company phone location data) that they were elsewhere.
– Stephen
8 hours ago
@ItWasLikeThatWhenIGotHere: At least in the USA, the record of who voted is public. It sometimes includes where they voted, and what time they voted (but obviously, never how they voted on candidates and issues)
– abelenky
8 hours ago
@ItWasLikeThatWhenIGotHere: At least in the USA, the record of who voted is public. It sometimes includes where they voted, and what time they voted (but obviously, never how they voted on candidates and issues)
– abelenky
8 hours ago
2
2
I suspect the answer to this question is no, as in the UK, the right to vote includes the right not to vote. I'll leave it to others to provide evidence of that, but in the meantime: what about employees who vote by post?
– Steve Melnikoff
8 hours ago
I suspect the answer to this question is no, as in the UK, the right to vote includes the right not to vote. I'll leave it to others to provide evidence of that, but in the meantime: what about employees who vote by post?
– Steve Melnikoff
8 hours ago
add a comment
|
2 Answers
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Enforcement by firing a person could be a problem. There are specific allowed reasons to fairly fire an employee, which does not include "failure to vote". The description of unfair reasons includes, as an example, joining a trade union, and other actions that have some imaginable connection to the workplace. But the government has not clearly declared that political expression (or its lack) is or is not fair grounds for dismissal. Such a firing would be subject to scrutiny under the unfair dismissal doctrine, which means that the two sides would seek supporting analogs in UK case law.
The factors that favor a "fairness" finding are heavily weighted towards the legitimate business interests of an employer. This article analyzes free speech rights in connection with the unfair dismissal doctrine. As an example, in Smith v. Trafford Housing Trust, the claimant was punished (demoted) -- unfairly, the court fount -- for expressing a political viewpoint on Facebook. The court noted that the outcome would have been different if claimant had promulgated his views in the workplace. If an employees action brings a business into disrepute, perhaps a dismissal could be found to be fair. But failure or refusal to vote does not have that effect: it is not a legitimate business interest of the company, whether the employee votes.
add a comment
|
Good answer already from user6726, but an additional consideration why the original contract could be ruled unlawful would be if an employee's belief in a right not to vote could be considered a "philosophical belief" under the Equality Act 2010. According to ACAS, criteria for this had been defined at an earlier (2009) tribunal.
The ACAS link compares religions with other philosophies, but there are also religions who advocate political disengagement. If an employee was politically disengaged for religious reasons, it would be easy to argue that the contract constituted discrimination that was prohibited by the Equality Act.
add a comment
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2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
Enforcement by firing a person could be a problem. There are specific allowed reasons to fairly fire an employee, which does not include "failure to vote". The description of unfair reasons includes, as an example, joining a trade union, and other actions that have some imaginable connection to the workplace. But the government has not clearly declared that political expression (or its lack) is or is not fair grounds for dismissal. Such a firing would be subject to scrutiny under the unfair dismissal doctrine, which means that the two sides would seek supporting analogs in UK case law.
The factors that favor a "fairness" finding are heavily weighted towards the legitimate business interests of an employer. This article analyzes free speech rights in connection with the unfair dismissal doctrine. As an example, in Smith v. Trafford Housing Trust, the claimant was punished (demoted) -- unfairly, the court fount -- for expressing a political viewpoint on Facebook. The court noted that the outcome would have been different if claimant had promulgated his views in the workplace. If an employees action brings a business into disrepute, perhaps a dismissal could be found to be fair. But failure or refusal to vote does not have that effect: it is not a legitimate business interest of the company, whether the employee votes.
add a comment
|
Enforcement by firing a person could be a problem. There are specific allowed reasons to fairly fire an employee, which does not include "failure to vote". The description of unfair reasons includes, as an example, joining a trade union, and other actions that have some imaginable connection to the workplace. But the government has not clearly declared that political expression (or its lack) is or is not fair grounds for dismissal. Such a firing would be subject to scrutiny under the unfair dismissal doctrine, which means that the two sides would seek supporting analogs in UK case law.
The factors that favor a "fairness" finding are heavily weighted towards the legitimate business interests of an employer. This article analyzes free speech rights in connection with the unfair dismissal doctrine. As an example, in Smith v. Trafford Housing Trust, the claimant was punished (demoted) -- unfairly, the court fount -- for expressing a political viewpoint on Facebook. The court noted that the outcome would have been different if claimant had promulgated his views in the workplace. If an employees action brings a business into disrepute, perhaps a dismissal could be found to be fair. But failure or refusal to vote does not have that effect: it is not a legitimate business interest of the company, whether the employee votes.
add a comment
|
Enforcement by firing a person could be a problem. There are specific allowed reasons to fairly fire an employee, which does not include "failure to vote". The description of unfair reasons includes, as an example, joining a trade union, and other actions that have some imaginable connection to the workplace. But the government has not clearly declared that political expression (or its lack) is or is not fair grounds for dismissal. Such a firing would be subject to scrutiny under the unfair dismissal doctrine, which means that the two sides would seek supporting analogs in UK case law.
The factors that favor a "fairness" finding are heavily weighted towards the legitimate business interests of an employer. This article analyzes free speech rights in connection with the unfair dismissal doctrine. As an example, in Smith v. Trafford Housing Trust, the claimant was punished (demoted) -- unfairly, the court fount -- for expressing a political viewpoint on Facebook. The court noted that the outcome would have been different if claimant had promulgated his views in the workplace. If an employees action brings a business into disrepute, perhaps a dismissal could be found to be fair. But failure or refusal to vote does not have that effect: it is not a legitimate business interest of the company, whether the employee votes.
Enforcement by firing a person could be a problem. There are specific allowed reasons to fairly fire an employee, which does not include "failure to vote". The description of unfair reasons includes, as an example, joining a trade union, and other actions that have some imaginable connection to the workplace. But the government has not clearly declared that political expression (or its lack) is or is not fair grounds for dismissal. Such a firing would be subject to scrutiny under the unfair dismissal doctrine, which means that the two sides would seek supporting analogs in UK case law.
The factors that favor a "fairness" finding are heavily weighted towards the legitimate business interests of an employer. This article analyzes free speech rights in connection with the unfair dismissal doctrine. As an example, in Smith v. Trafford Housing Trust, the claimant was punished (demoted) -- unfairly, the court fount -- for expressing a political viewpoint on Facebook. The court noted that the outcome would have been different if claimant had promulgated his views in the workplace. If an employees action brings a business into disrepute, perhaps a dismissal could be found to be fair. But failure or refusal to vote does not have that effect: it is not a legitimate business interest of the company, whether the employee votes.
answered 8 hours ago
user6726user6726
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70.6k4 gold badges83 silver badges138 bronze badges
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Good answer already from user6726, but an additional consideration why the original contract could be ruled unlawful would be if an employee's belief in a right not to vote could be considered a "philosophical belief" under the Equality Act 2010. According to ACAS, criteria for this had been defined at an earlier (2009) tribunal.
The ACAS link compares religions with other philosophies, but there are also religions who advocate political disengagement. If an employee was politically disengaged for religious reasons, it would be easy to argue that the contract constituted discrimination that was prohibited by the Equality Act.
add a comment
|
Good answer already from user6726, but an additional consideration why the original contract could be ruled unlawful would be if an employee's belief in a right not to vote could be considered a "philosophical belief" under the Equality Act 2010. According to ACAS, criteria for this had been defined at an earlier (2009) tribunal.
The ACAS link compares religions with other philosophies, but there are also religions who advocate political disengagement. If an employee was politically disengaged for religious reasons, it would be easy to argue that the contract constituted discrimination that was prohibited by the Equality Act.
add a comment
|
Good answer already from user6726, but an additional consideration why the original contract could be ruled unlawful would be if an employee's belief in a right not to vote could be considered a "philosophical belief" under the Equality Act 2010. According to ACAS, criteria for this had been defined at an earlier (2009) tribunal.
The ACAS link compares religions with other philosophies, but there are also religions who advocate political disengagement. If an employee was politically disengaged for religious reasons, it would be easy to argue that the contract constituted discrimination that was prohibited by the Equality Act.
Good answer already from user6726, but an additional consideration why the original contract could be ruled unlawful would be if an employee's belief in a right not to vote could be considered a "philosophical belief" under the Equality Act 2010. According to ACAS, criteria for this had been defined at an earlier (2009) tribunal.
The ACAS link compares religions with other philosophies, but there are also religions who advocate political disengagement. If an employee was politically disengaged for religious reasons, it would be easy to argue that the contract constituted discrimination that was prohibited by the Equality Act.
answered 7 hours ago
ItWasLikeThatWhenIGotHereItWasLikeThatWhenIGotHere
1,3221 silver badge10 bronze badges
1,3221 silver badge10 bronze badges
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1
How would you go about proving that someone had not voted?
– ItWasLikeThatWhenIGotHere
8 hours ago
Same way you would audit any other employee activity: put the initial burden on them by expecting them to record it on their timesheet and submit a 'receipt' in the form of a checkin outside the polling station. To actually prosecute someone you would need to gather evidence (eg from company phone location data) that they were elsewhere.
– Stephen
8 hours ago
@ItWasLikeThatWhenIGotHere: At least in the USA, the record of who voted is public. It sometimes includes where they voted, and what time they voted (but obviously, never how they voted on candidates and issues)
– abelenky
8 hours ago
2
I suspect the answer to this question is no, as in the UK, the right to vote includes the right not to vote. I'll leave it to others to provide evidence of that, but in the meantime: what about employees who vote by post?
– Steve Melnikoff
8 hours ago