Can teachers attend protest marches?

Overview

As a teacher you might want to attend an upcoming protest or political march but might be unsure if it will affect your employment in school. 

In recent years there have been a range of protest marches ranging from Just Stop Oil, Stop the War in Gaza, issues regarding national identity, Covid-19, Extinction Rebellion protests and of course marches related to teachers’ pay and conditions.

As an individual, you will be passionate about a range of issues and feel like you should have a right to protest but maybe be unsure what the impact could have on your employment as someone who works in education, particularly if the march relates to a topic or issue that is particularly sensitive

When deciding to participate you will have to weigh up professional ethics, legal considerations and public perception from parents and the school community.

As always, Edapt can support you to navigate these issues and if you are facing disciplinary procedures for participating in a protest you can contact us for further advice and support. 

Edapt is apolitical and independent with our focus on supporting individual members rather than national campaigns. Whilst we recognise that many of the issues people protest about are important and may have our own individual views, as an organisation we do not take a particular stance on those issues.

What does the law say about teachers participating in protest marches?

As you may already know, it is legal to protest in the UK and the right to protest is protected under the European Convention of Human Rights (ECHR). This legal right only applies to peaceful demonstrations, and does not extend to any acts of violence or damage caused during a protest.

Your right to freedom of expression is protected under Article 10 of the ECHR. Your right to freedom of assembly is protected under Article 11.

So essentially, teachers and other school staff have the right to participate in protest marches. However, it should be noted that these are qualified rights which mean that they do not always apply. Precedents exist where the ECHR has ruled that public servants (including teachers) may face higher expectations of discretion and must exercise moderation in their expressions, especially in potentially sensitive environments.

Recent legislative changes, like the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023, have introduced stricter controls on what constitutes a “disruptive” protest, but they do not outright ban teachers or anyone else from protesting. Instead, these laws empower police to impose conditions on protests to prevent serious disruption, which could theoretically affect how and when protests are conducted but not the act of protesting itself.

As a teacher, what do I need to consider when deciding to go on a protest march?

Teachers are legally allowed to participate in protest marches, but there are a range of nuances to consider. These include:

Personal and professional conduct outside the classroom

Adhering to the Teachers’ Standards. Part Two of the standards is on the topic of personal and professional conduct. It explains that teachers must uphold public trust in the profession and maintain high standards of ethics and behaviour, within and outside school, by:

  • Showing tolerance of and respect for the rights of others
  • Not undermining fundamental British values, including democracy, the rule of law, individual liberty and mutual respect, and tolerance of those with different faiths and beliefs
  • Ensuring that personal beliefs are not expressed in ways which exploit pupils’ vulnerability or might lead them to break the law

So potentially, if you are visible at a protest or march and you are not showing tolerance or respect for others you could be in breach of the Teachers’ Standards.

A previous case referred to the Teaching Regulation Agency (TRA) found a Religious Studies teacher to be in breach of the standards as a result of attending a far right march. In their ruling the panel expressed the view that the conduct displayed in the allegation directly impacts the individual’s ability to fulfil their role as a teacher.

Such conduct, the panel noted, could potentially expose pupils to harmful influences or lead them to be negatively affected by the teacher’s behaviour. They highlighted that a strong attitude of intolerance toward other faiths and beliefs is fundamentally incompatible with the responsibilities of a teacher, particularly in a subject area where respect for diverse beliefs and perspectives is essential. The teacher was subsequently banned from teaching indefinitely.

Politically impartially in the classroom

We have published another support article on the topic of political impartiality in the classroom. The Department for Education (DfE) warns teachers against expressing their own political opinions in front of pupils. It explains that all staff have a responsibility to ensure that they act appropriately in terms of the views they express (in particular political views) at all times, and should not use school resources for party political purposes.

So if you are attending a protest march, it might be sensible not to discuss with your pupils as it could be seen as breaching political impartiality in the classroom. Participating in a protest could create perceived bias, which might make it difficult for some pupils and parents to view you as neutral.

Check your employment contract and internal school policies

Some school employment contracts might have clauses regarding public conduct. While these clauses cannot override your right to protest, they may outline expectations for teachers regarding participation in public demonstrations, particularly if the protest relates to an issue connected to the school or local government policies.

Perception from parents and social media content

You will need to adhere to your school’s social media policy and be wary of posting content online about the protest. Think about how parents might perceive you attending the event and how you would navigate any potential parental complaints. If you are visible in any online videos or other content it might be seen as bringing the school into disrepute, especially if your actions on the protest are inflammatory or violent.

Teachers and protests: support from Edapt

Essentially, you have the right as a member of school staff to take part in protest marches. However, you have to consider your conduct and balance your personal rights with professional responsibilities and expectations. If you need further advice about whether to take part in an upcoming protest or demonstration, just get in touch and we will be able to support you.

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The information contained within this article is not a complete or final statement of the law.
While Edapt has sought to ensure that the information is accurate and up-to-date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. This article may contain information sourced from public sector bodies and licensed under the Open Government Licence. If you are an Edapt subscriber with an employment-related issue, please contact us and we will be able to refer you to one of our caseworkers.