Impact of Art 10 right to freedom of expression in public sector ET claims (News, 11 February 2013)

Article summary

Where a claimant is or was employed by a public sector employer, his right to freedom of expression under Article 10 of the European Convention on Human Rights may be relevant in resolving his employment tribunal claims. In a case relating to the dismissal of a school dinner lady for breaching confidence about playground bullying, the EAT has given guidance on the proper approach that tribunals should adopt in analysing the effect of Article 10 rights. It also held that it is a legitimate aim for a state school to protect the reputation and rights of pupils and staff attending and working at the school and, in this regard, Article 10 and the common law allow for a balanced approach, which (a) recognises the legitimate right to make fair comment about a school (in respect of which disciplinary reaction by the school as employer might infringe those rights), but (b) is doubtful of any...