Offensive Expression and the Workplace
M. N. Pearson · Industrial Law Journal · 2014
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.