The Higher Education (Freedom of Speech) Act 2023: An Employment Focused Overview

James Murray

Industrial Law Journal, 2023, vol. 52, issue 3, 791-811

Abstract: This article considers the provisions of the new Higher Education (Freedom of Speech) Act 2023 and focuses on its employment impact for registered higher education providers in England with respect to the management (in particular, discipline and dismissal) of their staff generally and their academic staff more specifically. Overall, it concludes that the impact on the employment relationship in this context will be significant. Alongside introducing specific provisions related to recruitment, dismissal and discipline of academic staff which will be enforceable through a statutory tort and a complaints scheme, the Act will influence how key aspects of the Employment Rights Act 1996 and the Equality Act 2010 are interpreted.

Date: 2023
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