Chapter

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

Lucy Vickers

in Freedom of Speech and Employment

Published in print July 2002 | ISBN: 9780198268307
Published online March 2012 | e-ISBN: 9780191683497 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268307.003.0004

Series: Oxford Monographs on Labour Law

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

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This chapter considers the contract of employment and the various duties owed by employees that may restrict the right to freedom of speech to be enjoyed by those who work. The main contractual duties which will have an impact on freedom of speech for employees are the duty of mutual trust and confidence; of co-operation and fidelity; and duties in relation to confidential information. These duties may be contained in express terms of the employment contract, or may be implied into the contract by the common law. Whether express or implied, they will be subject to an exception where the speech serves the public interest. This means that the question of whether the public interest is served by speech is of pivotal importance in assessing the contractual duties of the employee.

Keywords: freedom of speech; employment contract; public interest; mutual trust

Chapter.  17256 words. 

Subjects: Company and Commercial Law

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