Article 10 and academic freedom

Dismissals arising from an employee's speech or expression can sometimes engage wider legal protections relating to freedom of expression. However, this does not mean that every speech-related dismissal automatically raises an Article 10 issue.

Article 10 of the European Convention on Human Rights (ECHR) protects the right to freedom of expression. In an employment context, it may be relevant where disciplinary action or dismissal is based on something an employee has said or expressed. For university staff, Article 10 can also encompass the principle of academic freedom, although that right is qualified and may be restricted where necessary to protect the rights of others or for other legitimate reasons.

Separately, universities in England are now subject to duties under the Higher Education (Freedom of Speech) Act 2023 (Freedom of Speech Act) to protect lawful freedom of speech and academic freedom. Although those provisions were not yet in force when the events in this case occurred, the claimant relied on them during his internal appeal and before the employment tribunal as part of his argument that his dismissal infringed his freedom of speech.

What were the facts of the case?

In Cherrington v University of Derby, the claimant was employed as a Senior Lecturer. Following complaints about his conduct towards students, the respondent investigated allegations that he had used inappropriate and unprofessional language.

The claimant...

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