Freedom of Speech and Employment

Subjects:
Employment Law
Contents:
Table of Cases
Table of Statutes

1. Introduction: Freedom of Speech and Work

2. The Scope of the Right to Free Speech at Work

3. Freedom of Expression And Human Rights: The European Convention on Human Rights

4. Freedom of Speech and the Contract of Employment: The Concept of the Public Interest

5. Freedom of speech and dismissal

6. Freedom of speech and public sector employment: The Civil Service, Local Government and the NHS

7. Conclusions A Right to Freedom of Speech at Work?
Bibliography
Index

ISBN13: 9780198268307
ISBN: 0198268300
Published: November 2002
Publisher: Oxford University Press
Binding: Hardback
Price: £61.00

This work examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. Most obviously employees need protection when speaking about immediate threats to health and safety or serious financial malpractice, but they also need protection when participating in debate on matters that are in the public interest. The book suggests that the rights of employees to participate in debate on matters of public interest are vital to a healthy democratic system.;The book begins with a study of the philosophical basis for protecting the right to free speech and considers the extent to which that right should survive entry to the workplace. It establishes a principled basis upon which to determine the proper scope of the employee's right to free speech, taking into account the rights of both employers and employees. The impact of the Human Rights Act 1998 and the law under article 10 ECHR is assessed, together with the question of when the exercise of free speech by an employee breaches the contract of employment.