From belief to speech and back again

Over the past two decades, there has been a growing interest in the impact of human rights discourse on the employment relationship and employment rights. In particular, in light of the increased opportunity, or risk, of the public exposure of an individual's life outside of work, more attention has been drawn to the implications of employees’ private life to their place of employment. The purpose of this article is to highlight, advocate for, and insist on a number of principles and issues that seem to be a matter of consensus in general, and amongst lawyers in particular, but which get diluted and even ignored within the context of freedom of expression in the employment realm. Principally, these include, first, a reminder of the strong importance awarded to political speech, or to speech on live issues of public importance; second, that the right to freedom of belief that does not have concrete, objectionable manifestations is a rare right that enjoys absolute, unqualified protection; third, that the distinction between the protection of expression of belief and that of speech is muddled, to an extent inherently, but clearly divisions may be drawn; fourth, that provisions that restrict freedom of speech in employment contracts and handbooks should be viewed critically; fifth, and finally, the possible practical limits of the above principles, by reference to concrete situations, such as close, or even hierarchical, relationships; positions of authority and responsibility (e.g., on probation or promotion committees); and true reputational damage to the institution.