Why every organisation needs an employee civility policy 

What is a civility policy?

A civility policy sets expectations for respectful behaviour, communication, and conflict resolution in the workplace. It goes beyond anti-harassment or grievance procedures by proactively fostering a culture of mutual respect.

Civility is an employer’s best defence in a shifting legal landscape

Relying solely on Equality, Diversity & Inclusion (ED&I) policies to define acceptable workplace behaviour is no longer sufficient. While ED&I frameworks are vital for promoting fairness and representation, they often focus on visible characteristics and formal legal protections. This creates a significant blind spot, particularly when inappropriate or discriminatory behaviour targets individuals with non-visible protected characteristics, or those associated with someone who has one. Under EU and UK law, a person can be directly discriminated against even if they don’t possess the protected characteristic themselves but are connected to someone who does.

Adding to this complexity is the courts’ increasingly expansive interpretation of anti-discrimination laws. In the UK case of British Bung Manufacturing v Finn, the employment tribunal, and later the High Court, ruled that calling a male employee ’bald’ during a heated exchange constituted sex-related harassment. This decision highlights how even seemingly minor or commonplace remarks can fall within the scope of unlawful conduct. The message is clear, discrimination can arise in subtle and unexpected ways, well beyond traditional assumptions.

The challenge becomes even more complex when philosophical or religious beliefs come into play. In jurisdictions where such beliefs are protected under anti-discrimination laws, individuals may express views that others perceive as discriminatory. This places employers in the difficult position of having to balance the legal rights of both parties, protecting freedom of belief while also ensuring a respectful and inclusive workplace.

A prominent example is the Australian case of Israel Folau v Rugby Australia. Folau, a professional rugby player, posted religious messages on social media that were widely regarded as homophobic. Rugby Australia terminated his contract, citing a breach of its Code of Conduct. Folau claimed his dismissal constituted religious discrimination under the Fair Work Act. Although the case was ultimately settled out of court, it raised critical questions about how far employers must go to accommodate religious expression when it conflicts with the rights of others to be free from discrimination.

In the UK case of Higgs v Farmor’s School, a Christian employee was dismissed for expressing gender-critical views on her personal social media. While her beliefs were protected under the UK Equality Act, the Court of Appeal found that the school had failed to properly balance her right to express those beliefs with its own duty to protect others and manage reputational risk. Crucially, the court clarified that while beliefs are protected, a dismissal can still be lawful if it is based on how those beliefs are expressed (rather than the belief itself), and if the employer’s response is proportionate.

This is where a civility policy becomes a strategic asset. By clearly defining expectations for respectful communication and conduct, such a policy helps employers:

• Prevent discriminatory behaviour that may not be captured by ED&I policies alone.
• Manage belief-related conflicts by focusing on tone, context, and impact rather than the belief itself.
• Defend against unfair dismissal claims, by showing that action was taken based on behaviour, not belief and that it was reasonable and proportionate.

Civility policies also succeed where multiple ED&I strategies often fall short. ED&I initiatives can operate in silos, sometimes with competing priorities, and may struggle to create a truly inclusive and cohesive culture. A civility policy cuts through that complexity by setting a universal behavioural standard one that applies to everyone, regardless of background or belief.

In this way, a civility policy acts as an insurance policy. It provides clear, proactive guidance that goes beyond the legal minimum, offering the flexibility to keep pace with legal developments while fostering a respectful, inclusive, and legally resilient workplace.

Civility improves culture and productivity

Beyond legal compliance, there are compelling psychological and economic reasons for embedding civility into workplace culture.

Civility is the foundation of psychological safety, the belief that individuals can speak up, take risks, and be themselves without fear of embarrassment or retaliation. This was the key finding of Google’s Project Aristotle, which identified psychological safety as the most important factor in high-performing teams.

Civility is also socially contagious. Research by Dr. Christine Porath shows that a single act of respect can spark a ripple effect, encouraging more positive interactions across a team.

Conversely, incivility spreads just as easily, eroding morale, trust, and collaboration. This aligns with the theory of emotional contagion, where one person’s tone and behaviour can shape the entire group dynamic.

From a psychological perspective, civility supports the belonging and esteem needs in Maslow’s Hierarchy, both essential for engagement, motivation, and productivity. When people feel respected and valued, they’re more likely to contribute meaningfully, collaborate effectively, and stay committed to organisational goals.

Civility can also reduce attrition. A global study by the Society for Human Resource Management (SHRM) found that employees in uncivil workplaces are significantly more likely to be dissatisfied with their jobs and twice as likely to leave within a year compared to those in respectful environments.

Moreover, uncivil behaviour is often repeated by the same individuals, but without a civility policy, it can be difficult to take formal action unless it clearly breaches an ED&I policy — typically requiring a link to a protected characteristic.

Civility isn’t just about being polite, it’s an enabler of performance, inclusion, and organisational health. That’s why forward-thinking employers across the globe are embedding civility into the core of their workplace culture.