Freedom of expression at work – how to draw the line?

Zoom-link: https://stockholmuniversity.zoom.us/j/69078792268

Disputes about employees’ freedom of expression are increasingly common. The article that will be presented aims to offer a normative analysis of how such cases should be decided. It starts with a review of the main justifications for freedom of expression and how they apply in the context of employment.

The article then discusses the limitations on freedom of expression, both internal and external, that may be justified. Particular attention is given to the application of proportionality tests in employment contexts and to the role, if any, that employee consent should play in such assessments.

A further distinction is made between different types and sub-types of employee speech. These include speech about work or during work, such as speech concerning unionization or workplace rights, speech directed at other employees or customers, political or personal identity expression in the workplace, and information or opinions about the employer or co-workers expressed externally.

The article also examines speech that appears unrelated to work, including speech alleged to harm a business’s reputation, speech considered harmful to other employees or customers, and speech that may affect an employee’s ability to perform a particular role.

For each category, the article analyzes the competing considerations and how they should be balanced in context. It concludes by proposing a number of rules of thumb designed to provide greater clarity and predictability in the assessment of such cases.

Read the full article, Freedom of Expression for Employees: Justifications, Limitations and Proposed Rules of Thumb

About Professor Davidov

Guy Davidov is a professor at the BI Norwegian Business School, Department of Law and Governance (Oslo). He was the founder and first Chair (2011-2015) of the Labour Law Research Network (LLRN), and Editor-in-Chief of the International Journal of Comparative Labour Law and Industrial Relations (2015-2020).

His book A Purposive Approach to Labour Law was published by Oxford University Press in 2016. He is currently working on a book entitled The Law of the Contract of Employment: Gap-Filling in Labour Law (on contract with OUP). He has also co-edited Boundaries and Frontiers of Labour Law (with Langille, 2006), The Idea of Labour Law (with Langille, 2011), and the Oxford Handbook of the Law of Work (with Langille and Lester, 2024).

His articles appeared in leading journals around the world. His work has been cited with approval by courts in several countries, including the Supreme Courts of the UK and Canada.

Registration

Please register by email to billal.zeinu@juridicum.su.se no later than 26 August 2026 and indicate whether you will attend in person or on Zoom.

Welcome!
Petra Herzfeld Olsson