Background

On 8 June 2026, a knife attack in Belfast left a man seriously injured and a Sudanese asylum seeker was subsequently arrested in connection with the stabbing. Before full details were confirmed, claims circulated online attributing the attack to immigration, and anti-immigration protests rapidly escalated into widespread disorder and violent attacks. On the evening of Tuesday 10 June, masked men set houses, vehicles, and a city bus ablaze across multiple neighbourhoods in Belfast with families forced to flee their homes, in some cases being evacuated in armoured police vehicles. The Police Service of Northern Ireland has declared a critical incident.

Periods of social unrest inevitably affect the workplace and employers in NI will need to focus on employee safety and their legal obligations during this period of disorder.

How can the riots impact employees?

There are various ways in which the current situation can affect employees, including the following:

• Employees may feel unsafe travelling to work or being in public-facing workplaces due to concerns about violent protests or racist abuse. Those visibly identifiable as being from an ethnic minority, or who might be perceived as immigrants, may be at particular risk given the anti-immigration nature of the protests and reported racist attacks. However, any employee may feel unsafe attending or commuting to work in areas with a risk of unrest, violence and abuse.
  
  
• Employees may be upset, distracted, or withdrawn at work and find it difficult to focus. This may be particularly acute in Northern Ireland, where the scenes of disorder carry echoes of the Troubles.
  
  
• Discussions amongst employees about the protests and immigration may be divisive. Employees may be offended by the views of their colleagues expressed at work or on social media. This may give rise to increased tensions in the workplace and possibly an uptick in grievances.
  
  
• Any of these concerns may mean that some employees ask to take time off, work from home, or change their working hours.

What are employers’ obligations?

Health and Safety

Employers in Northern Ireland must provide a safe place of work under the Health and Safety at Work (Northern Ireland) Order 1978. This means taking all reasonably practicable steps to protect employees’ health, safety, and welfare, both in the workplace and wherever they are working, and includes protecting staff from risks linked to social unrest.

Employers also have a general duty to take reasonable care for their employees’ health and safety, which in the current climate, could mean protecting staff from abuse or exposure to riots, for example, in a shop on a high street where disorder is taking place. If you know a protest (especially where it is expected or likely to lead to disorder and violence) is planned nearby, you may need to take extra precautions. Requiring a vulnerable employee to travel through an area of active unrest could also fall short of this particular duty.

Failing to meet these health and safety obligations can lead to serious penalties. In the Magistrates' Court, fines of up to £20,000 and up to six months’ imprisonment may be imposed and in the Crown Court, penalties can include up to two years’ imprisonment, an unlimited fine, or both. Directors can also be held personally liable if they allowed, were involved in, or failed to prevent the breach. Employees who suffer harm may also bring personal injury claims.

Trust and confidence

The implied duty of trust and confidence requires employers not to act in a way which is likely to destroy trust and confidence in the employment relationship. Employers could potentially risk constructive dismissal claims if employees are put in an untenable position over continuing to work in an unsafe situation or commuting through dangerous areas.

Leaving the workplace due to serious and imminent danger

In Northern Ireland, employees have rights to refuse to work in dangerous circumstances. Under Article 68 of the Employment Rights (Northern Ireland) Order 1996, an employer must not subject a worker to any detriment for leaving work where they reasonably believe there is "serious and imminent" danger which they could not reasonably avert. Dismissal for this reason is also automatically unfair.

This right could apply where an employee reasonably believes their workplace is dangerous due to its proximity to violent unrest or riots, or employees would potentially be protected from disciplinary action if they leave work or refuse to work in a dangerous part of their workplace (for example, the shop floor). However, this right is intended to protect against urgent dangers where there is no other reasonable option, so general concerns without a specific nearby gathering may not suffice. Employees from targeted ethnic minority groups may more easily demonstrate a reasonable belief of danger if they are likely to be targeted.

Does this specific protection extend to an employee's commute? Based on the English Court of Appeal decision in Rodgers v Leeds Laser Cutting Ltd, the answer is likely no. The court held that the danger must arise at the workplace itself, not during the journey to work. While this case was decided under the equivalent GB legislation, it is strongly persuasive in Northern Ireland and indicates that commuting risks are unlikely to be covered by this particular protection. That said, employers should remain mindful of requiring employees to commute in unsafe circumstances, given the other risks and duties outlined in this insight.

Discrimination claims

Given the racist and anti-immigration nature of the riots, employees from ethnic minority backgrounds are likely to be disproportionately affected. Northern Ireland’s discrimination laws (specifically, the Race Relations (Northern Ireland) Order 1997 and the Fair Employment and Treatment (Northern Ireland) Order 1998) protect employees from unfair treatment on grounds of race, religion, or political opinion.

For example, if an employee from an ethnic minority background asks to work from home because they feel unsafe commuting through a riot-affected area, refusing without good reason could amount to discrimination. Failing to make adjustments for employees facing genuine risk of abuse will be difficult to justify, particularly where the disruption is likely to be short term.

Northern Ireland employers should also be mindful that fair employment legislation prohibits sectarian harassment, including sectarian songs, remarks, flags, or bunting. In the current atmosphere, employers should be vigilant about any conduct that emerges that could amount to harassment on grounds of race, religious belief, or political opinion.
What can you do to help?

Our recommended approach is as follows:

• Regularly assess workplace risk and monitor news, social media, government guidance, and police advice. Have a business contingency plan ready for short-notice implementation.
  
  
• In affected areas, consider allowing temporary home working or adjusting hours to avoid city centres during planned demonstrations. Other options include covering taxi costs, emergency accommodation or arranging travel buddies.
  Where possible, offer temporary relocation to alternative offices or sites away from planned gatherings.
  
  
• For client facing employees in city centres, ensure contingency plans are clearly communicated in case rioting or violent unrest occurs.
  
  
• If temporarily closing a site, communicate this to employees as early as possible. Employees who are ready and willing to work should still be paid unless the contract specifies otherwise.
  Be sensitive to employees from targeted groups who may feel particularly vulnerable, and consider additional adjustments where needed.
  
  
• Handle divisive views sensitively. Under the Fair Employment and Treatment (Northern Ireland) Order 1998, employees may be protected in expressing views on political matters including immigration. However, there is an important distinction between expressing views and conduct amounting to harassment or intimidation and there is a need to ensure discussions remain respectful and that no employee is subjected to abuse.  Note that the 1998 Order specifically excludes from protection, an opinion which consists of or includes approval or acceptance of the use of violence for political ends, including the use of violence for the purpose of putting the public or any section of the public in fear.
  
  
• Consider mental health implications for all employees, and particularly those from targeted groups. Highlight available support such as mental health first aiders, HR contacts, diversity representatives, or Employee Assistance Programmes.