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Freedom of Speech and Employment Lucy Vickers (Senior Lecturer in Law, Oxford Brookes University)

Freedom of Speech and Employment By Lucy Vickers (Senior Lecturer in Law, Oxford Brookes University)

Freedom of Speech and Employment by Lucy Vickers (Senior Lecturer in Law, Oxford Brookes University)


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Summary

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. After a study of the philosophical basis for protecting the right to free speech, breach of contract is considered.

Freedom of Speech and Employment Summary

Freedom of Speech and Employment by Lucy Vickers (Senior Lecturer in Law, Oxford Brookes University)

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 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. The book contains a detailed treatment 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 complies with the proposed model for protection of employee speech.

Freedom of Speech and Employment 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 *

Table of 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

Additional information

NPB9780198268307
9780198268307
0198268300
Freedom of Speech and Employment by Lucy Vickers (Senior Lecturer in Law, Oxford Brookes University)
New
Hardback
Oxford University Press
2002-07-11
284
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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