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The Hearing – A Legal Podcast

EP. 144 – Freedom of speech in the workplace

Feb 5, 2024
55:44
THE CROSS-EXAMINATION – In today's culture, people are used to expressing their views on social media and entering into often polarised debates on potentially emotive issues. Amid the ethos of "bringing your whole self" to work, we have seen this outspokenness permeate into the workplace. There can be a range of differing views which can result in conflicts between employees and challenges for employers to manage.

Employees have the right to hold and express certain protected beliefs, but how should an employer balance these conflicting protected rights and ensure they don't result in discrimination or harassment? Can an employer limit freedom of speech in the workplace, and also in the provision of services? What counts as a proportionate response, and are zero-tolerance policies achievable? These are some of the questions tackled in this episode.

Hosts:

– Elanne Pimstone, Director, Practical Law Employment
– Sophie McGuinness, Senior Specialist Legal Editor, Practical Law Employment

Guests:

– Sarah Gilzean, Partner, Morton Fraser MacRoberts
– Darren Newman, independent consultant, writer and trainer on employment law
– Elizabeth McGlone, Partner, didlaw

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