Freedom of Speech and Employment

Hardcover | July 1, 2002

byLucy Vickers

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The book 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 financialmalpractice, 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. The book contains a detailedtreatment of the Public Interest Disclosure Act 1998, the rules on unfair dismissal, and the special position of employees working in the civil service, local government, and the NHS. Throughout the discussion of these issues, an assessment is made of the extent to which the current law complieswith the proposed model for protection of employee speech.

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From the Publisher

The book 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 financialmalpractice, but they also need protection when ...

Lucy Vickers is a Senior Lecturer in Law, Oxford Brookes University.

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Kobo ebook|Jul 30 2016

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Format:HardcoverDimensions:284 pages, 9.21 × 6.14 × 0.81 inPublished:July 1, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198268300

ISBN - 13:9780198268307

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Table of Contents

Table of CasesTable of Statutes1. Introduction: Freedom of Speech and Work2. The Scope of the Right to Free Speech at Work3. Freedom of Expression And Human Rights: The European Convention on Human Rights4. Freedom of Speech and the Contract of Employment: The Concept of the Public Interest5. Freedom of speech and dismissal6. Freedom of speech and public sector employment: The Civil Service, Local Government and the NHS7. Conclusions A Right to Freedom of Speech at Work?BibliographyIndex

Editorial Reviews

`Accurate, cogently argued and extremely well written. Thus it maintains the very high reputation established by the Oxford Monographs on Labour Law series.'Industrial Law Journal