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Diversity and Inclusion Leaders – Accelerating workplace inclusion

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How should D&I and HR teams handle the flag debate?

October 7, 2025 - In: Diversity and inclusion news, D&I strategy, Equality law

How should D&I and HR teams handle the flag debate?

By Jo Faragher on 7 October 2025

There’s a lot of political heat surrounding flags in the UK right now. Union and St George’s flags are springing up on lampposts and motorway bridges in support of the recent Unite the Kingdom march in London, causing celebration from some and indignation from others. On the other side of the political spectrum, a small number of people who have displayed support for Palestine with flags or symbols in their workplace have faced disciplinary action, such as a trainee doctor in Scotland who is now suing for discrimination after being asked to remove her Palestinian flag.

Support for any cause, whether it’s political or not, is often shown through flags, posters and badges, but this is becoming a minefield for D&I and HR teams. They want to show the organisation welcomes respectful debate, but discourage employees from overstepping the line into harassment or discrimination.

“Organisations should foster a culture in which diverse perspectives are welcomed, but respectful dialogue is non-negotiable,” argues Jennifer Leeder, a partner in the employment and immigration team at Birketts. “It is essential that employers invest in training for their entire workforce, not just managers, on diversity, equality and inclusion so that everyone understands what constitutes a protected belief and, on a practical level, knows how to accommodate the views of others.” With this “foundational knowledge”, she adds, employers can have discussions where differing views are represented, favouritism is avoided and nobody’s opinion is suppressed.

From a legal perspective, there are a number of relevant employment tribunals in this case, of which a key one is Dr David Miller vs University of Bristol, adds Leeder. Last year, Dr Miller won a claim that his anti-Zionist beliefs should be protected as a philosophical belief under the Equality Act 2010. “In practice, this means that if an employee expresses such a belief, for example by displaying a Palestinian flag, an employer must carefully consider whether restricting their expression of their belief could constitute indirect discrimination,” she advises.

The law requires that a belief must be “genuinely held, relate to a significant aspect of human life, go beyond mere opinion, demonstrate seriousness and importance, and align with human dignity and democratic values”. The key here is consistency, says Leeder – employers must consistently apply limitations on political or ideological expression, while employees should always express their beliefs respectfully at work.

Policies and practice

In practice, it helps to have policies around respectful behaviour and ensure they are brought to life. “Many businesses lean into patriotism and heritage as part of their brand strategy and culture, but there is a clear distinction between patriotism and nationalism and it’s important for companies to have clear D&I statements and associated policies in place,” says Melissa Hewitt, head of HR Outsource at Morson Group. “Detailed policies around behaviours such as bullying and harassment must be kept up to date outlining a clear code of conduct and organisational standards. This should be included in an employee’s induction, with reminders where appropriate through internal comms channels.”

But what if it feels like someone is overstepping the line? Hewitt adds: “Businesses definitely do need diversity of thought, and it is OK to express an opinion in the workplace, providing dialogue is not allowed to escalate to confrontation, conflict or unacceptable behaviours. However, fresh displays of flags in the office or the car park turns a conversation that colleagues can choose to avoid or ignore into a physical marker of polarisation. This not only risks causing workplace issues but could also conflict with brand values and company culture. Unchecked extremist views or behaviours can have negative reputational impact, in addition to causing conflict within the workplace.”

Advita Patel, communications and inclusion strategist and founder of CommsRebel, says that D&I teams’ job is “not to police identity, but to create a clear, fair environment where people can do great work without fear.” She argues that the law around protected beliefs gives employers some room to set standards and behaviours that align with their values but draw a firm line on harassment. “Keep it simple and explain that things like large displays and uniforms must remain neutral, and anything that risks safety, service, or intimidation is a no-go,” she suggests.

Structured sessions

One option is to offer constructive alternatives that channel energy into learning and action. Activities such as short teach-ins, moderated Q&A sessions, and one-to-one conversations can also be beneficial as they allow people to express their voices in a more controlled environment. “Equip managers with a jargon-free script so they can acknowledge and reference expectations required by the organisation. Because when you lead with clarity, consistency, and compassion, trust rises, and people feel empowered to contribute at their best; that’s inclusion in action,” she adds.

“The law makes it clear that while beliefs are protected from discrimination, this does not mean that employees can express that belief in any way they want,” adds Hina Belitz, a partner at Excello Law. “There comes a certain point where expressing certain beliefs can border into harassment. Hence, a key consideration for DEI teams in managing workplace disagreements is the fine line between expression and harassment.” If they believe that there may be a risk of harassment, it’s important to apply criteria “objectively and proportionately”, setting their own beliefs aside. Similarly, the nature of someone’s role itself needs to be considered in the context of what is being said or expressed, she advises.

Do not ignore

For managers, it might be tempting to ignore simmering tensions because they don’t know the right thing to say or do, says Jane Bradshaw-Jones, HR business partner at AdviserPlus. “The challenge lies in balancing respect for individuals’ political beliefs with the organisation’s responsibility to uphold equality, inclusion, and respectful workplace standards. By providing managers with structured training, clear frameworks, and proactive communication strategies, organisations can help them address issues directly and fairly, while avoiding knee-jerk or inconsistent reactions,” she suggests.

Managers should also be signposted to help if they are dealing with sensitive matters. “We are not asking managers to be an expert in all different beliefs or topics but to know the steps they take can be the difference between supporting colleagues to get their views across sensitively or leaving a lasting poor impression of what not to do,” she adds. Training in unconscious bias might help managers to understand how different judgements are formed, and support managers to act in an unbiased and consistent way, in line with workplace policies.

Ultimately, it’s important to remember that HR and D&I teams play a critical role in creating a culture that is open to discussing beliefs but where there are boundaries between acceptable and unacceptable behaviours. Hewitt adds that alongside setting clear expectations, “empathy is essential – whether dealing with individuals with unpopular views, or those offended by them. It’s a delicate issue that requires sensitivity and a level of gravitas appropriate to the human and commercial impact of the behaviours involved,” she concludes.

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