Breaking: new duty to protect free speech put on the back burner
The government has halted the Higher Education (Freedom of Speech) Act 2023 six days before it was due to come into force.
30.07.2024
Bridget Phillipson, the Secretary of State for Education, has said that she is considering options about what to do with the legislation, one of which is to repeal the Act in its entirety because of concerns that it would be burdensome to implement for providers and the Office for Students.
Colleges are under an existing duty to take reasonable steps to ensure freedom of speech within the law for staff, members, students and visiting speakers in accordance with the Education (No 2) Act 1986. But the additional duties set out in this Act which would have required colleges to have “particular regard” to the importance of free speech, and to allow academics to question and test received wisdom, put forward new ideas and controversial or unpopular opinions, will not now come into force on 1 August 2024.
The Secretary of State has said that she will confirm her long-term plans “as soon as possible”. We'll keep you updated.
Our newsletters
We publish monthly employment and education newsletters. If you'd like to be added to the mailing list, please let me know.
Key Contacts
Related Articles
Expert CommentBelief discrimination: it's not what you say, it's the way that you say itWhen can an employer dismiss a member of staff who says something that is protected as a belief, but offends other people?
Expert CommentDon't ask, don't get: EAT clarifies the right to be accompaniedThe EAT has considered whether an employee can bring a claim for breach of the duty to be accompanied where he wasn't told about the purpose of the meeting and didn't ask to bring a companion.
Expert CommentDo you include a training repayment clause in your contracts of employment?The Court of Appeal has for the first time considered whether training cost clawback provisions in employment contracts are in restraint of trade and therefore unenforceable.
