Offensive expression and the workplace
Offensive expression and the workplace
In this article I argue that freedom of expression is an important right even within the employment context. I contend that there should be a presumption in favour of free expression even if the expression is offensive, particularly if it involves a matter of public debate. However, the interests of colleagues and employers should be taken into account and may be decisive. Where expression takes place outside work, employees should only be subject to disciplinary action if there is a clear link between their employment and the expression. I consider the law relating to these issues in the contexts of harassment, unfair dismissal and discrimination on the grounds of religion and belief.
429-450
Pearson, Megan
fc57169e-5c44-405a-9d80-806ade39c1f2
December 2014
Pearson, Megan
fc57169e-5c44-405a-9d80-806ade39c1f2
Abstract
In this article I argue that freedom of expression is an important right even within the employment context. I contend that there should be a presumption in favour of free expression even if the expression is offensive, particularly if it involves a matter of public debate. However, the interests of colleagues and employers should be taken into account and may be decisive. Where expression takes place outside work, employees should only be subject to disciplinary action if there is a clear link between their employment and the expression. I consider the law relating to these issues in the contexts of harassment, unfair dismissal and discrimination on the grounds of religion and belief.
Text
Offensive Expression and the Workplace.pdf
- Accepted Manuscript
More information
e-pub ahead of print date: 7 November 2014
Published date: December 2014
Organisations:
Southampton Law School
Identifiers
Local EPrints ID: 400482
URI: http://eprints.soton.ac.uk/id/eprint/400482
ISSN: 0305-9332
PURE UUID: d7d3221b-799b-4ddf-a7e6-dcb7249df18f
Catalogue record
Date deposited: 16 Sep 2016 14:11
Last modified: 15 Mar 2024 03:57
Export record
Altmetrics
Download statistics
Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.
View more statistics
