Law - Free Speech - Conundrum - Quandary

Law - Free Speech - Conundrum - Quandary

Author
Discussion

Captain-Gatso

Original Poster:

5 posts

11 months

Tuesday 27th February
quotequote all
Hello,

Reading this after having been sent it earlier - I thought that living a Western Democracy (of sorts - as long as you enjoy UK/USA First Past The Post Voting) that you have the right to Offend even though others may be Offended by you opining your viewpoint - we all have differing preferences - my one out here in the West Indies is to raise a fist and yell "GO TRUMP" to Americans often wearing my MAGA Baseball Cap - some Yanks and Canandians go quite MAD and delirious - but some go apoplectic - they are mostly Liberal Lefty Wokes from NYC - Washington or California under 45 years of age - but its a Free Speech society in which we live. I personally enjoyed from over here in the Caribbean - Boris - BREXIT and Nigel Farage the UK's most effective Politician since Margaret Thatcher - however you might not have the same view or opinion as mine - as is your right in the Western world!

So please read this and tell me how an Employee in own time and on own Smart Phone - Laptop and Socail Media posting what ever they like - again some may agree and some may disagree with those viewpoints - are Googled and found and then Linkedin leads them to Employer and then people GANG-UP and BULLY Employer to do something with the Employee due to Social Media Posts made in own time on own equipment and using own name and not mentioning who employs them - then Boss gets them into work and Suspends them for nothing about the job they do at work!

I think I would SUE them or go to an Employment Tribunal - what would you do - I obviosly do not like her vile Posts - but see my first paragraph!

What are your thoughts on this story then - I am sure the above covers all valid points - or do I NOT understand the Law of the Land?

https://www.dailymail.co.uk/news/article-13131083/...

Capt. G


Sebring440

2,318 posts

103 months

Tuesday 27th February
quotequote all
Are you the real "Captain-Gatso", or some wannabe fan-boi?

bounce

119

9,638 posts

43 months

Tuesday 27th February
quotequote all
I'd sack her.

FLGirl

1,177 posts

198 months

Tuesday 27th February
quotequote all
AI is clearly not as advanced as we thought.
I’ll wait awhile before worrying about our robot overlords.

SS427 Camaro

6,504 posts

177 months

Tuesday 27th February
quotequote all
Captain-Gatso said:
Hello,

Reading this after having been sent it earlier - I thought that living a Western Democracy (of sorts - as long as you enjoy UK/USA First Past The Post Voting) that you have the right to Offend even though others may be Offended by you opining your viewpoint - we all have differing preferences - my one out here in the West Indies is to raise a fist and yell "GO TRUMP" to Americans often wearing my MAGA Baseball Cap - some Yanks and Canandians go quite MAD and delirious - but some go apoplectic - they are mostly Liberal Lefty Wokes from NYC - Washington or California under 45 years of age - but its a Free Speech society in which we live. I personally enjoyed from over here in the Caribbean - Boris - BREXIT and Nigel Farage the UK's most effective Politician since Margaret Thatcher - however you might not have the same view or opinion as mine - as is your right in the Western world!

So please read this and tell me how an Employee in own time and on own Smart Phone - Laptop and Socail Media posting what ever they like - again some may agree and some may disagree with those viewpoints - are Googled and found and then Linkedin leads them to Employer and then people GANG-UP and BULLY Employer to do something with the Employee due to Social Media Posts made in own time on own equipment and using own name and not mentioning who employs them - then Boss gets them into work and Suspends them for nothing about the job they do at work!

I think I would SUE them or go to an Employment Tribunal - what would you do - I obviosly do not like her vile Posts - but see my first paragraph!

What are your thoughts on this story then - I am sure the above covers all valid points - or do I NOT understand the Law of the Land?

https://www.dailymail.co.uk/news/article-13131083/...

Capt. G
Work for myself = no scummy boss to sack me….

Biggy Stardust

7,068 posts

51 months

Wednesday 28th February
quotequote all
I'm a big one for free speech. Unfortunately for her, others take the view that it could reflect badly on their reputation & their business. They have prioritised their business over her free speech & have acted accordingly.

She will now realise that it's not an ideal world and some people don't play nicely.

hidetheelephants

27,831 posts

200 months

Wednesday 28th February
quotequote all
Where's the quandary? The EA exercised their freedom of speech, then the employer decided that this brought the firm into disrepute and issued a P45. Freedom of speech is not freedom from consequence.

Skeptisk

8,246 posts

116 months

Wednesday 28th February
quotequote all
If you publish incendiary comments on social media in your own name then you risk being sacked. Employers don’t like such negative publicity and often feel forced to act.

In this case, if I were the employer I am not sure I would be happy with an employee showing such disregard for common sense and propriety. I am not sure I would trust them with my customers.

NDA

22,343 posts

232 months

Wednesday 28th February
quotequote all
I would have fired her too.

It was a blatantly racist comment and would fall under Gross Misconduct I would have thought. Many firms have a social media policy within their contracts of employment and this would fall into that... reputational damage etc

I broadly agree with the OP about free speech, just because someone has chosen to be offended, it doesn't make them right. However, there are limits to free speech - racial hatred being one of them.

QJumper

2,709 posts

33 months

Wednesday 28th February
quotequote all
I don't see how anyone's free speech has been affected. All that's happened is that this person has been given a quick lesson that there are also consquences to exercising one's freedoms.

She was free to say what she wanted, so can't really complain when others freely reacted to it, and her employer freely decided to dismiss her. Freedom works both ways, and it looks like freedom was the winnner here.

Silvanus

6,059 posts

30 months

Wednesday 28th February
quotequote all
hidetheelephants said:
Where's the quandary? The EA exercised their freedom of speech, then the employer decided that this brought the firm into disrepute and issued a P45. Freedom of speech is not freedom from consequence.
There are a great many people that can't get their heads round this.

QJumper

2,709 posts

33 months

Wednesday 28th February
quotequote all
Silvanus said:
hidetheelephants said:
Where's the quandary? The EA exercised their freedom of speech, then the employer decided that this brought the firm into disrepute and issued a P45. Freedom of speech is not freedom from consequence.
There are a great many people that can't get their heads round this.
Usually the kind of people who only want freedom in one direction.

Wacky Racer

38,997 posts

254 months

Wednesday 28th February
quotequote all
His family have a net worth of £82m.?

Some top footballers are worth more than that.

Thought it would have been several billion.

valiant

11,363 posts

167 months

Wednesday 28th February
quotequote all
Most firms will have some sort of social media policy with warnings for bringing the company into disrepute.

If you’re easily identifiable from your social media profile then you run the very real risk of falling foul of your company’s policy and disciplinary action could very well be taken. It no defence to say that it was on a private device and off the company clock. Your contract will have a line somewhere about bringing it into reputational dispute.

Companies will protect their business above your perceived freedom of speech and as others have said, you’re not free from the consequences of freedom of speech.

So, it you want to be antisemitic, racist, homophobic, etc, then either have your social media profile seriously locked down to make it so you’re not easily identifiable or simply stop being a racist prick online.

Biggy Stardust

7,068 posts

51 months

Wednesday 28th February
quotequote all
hidetheelephants said:
Freedom of speech is not freedom from consequence.
Yes it is- that's pretty much the definition.

eg You may say that Putin is a git but if you say so then he'll have you murdered; by your definition that is free speech, by mine it falls a bit short.

She should have freedom of speech in an ideal world but it's not an ideal world & her employers believe otherwise.

Real freedom of speech includes freedom to say stuff you don't like.

Sporky

7,306 posts

71 months

Wednesday 28th February
quotequote all
hidetheelephants said:
Freedom of speech is not freedom from consequence.
Perfectly put.

Silvanus

6,059 posts

30 months

Wednesday 28th February
quotequote all
Biggy Stardust said:
hidetheelephants said:
Freedom of speech is not freedom from consequence.
Yes it is- that's pretty much the definition.

eg You may say that Putin is a git but if you say so then he'll have you murdered; by your definition that is free speech, by mine it falls a bit short.

She should have freedom of speech in an ideal world but it's not an ideal world & her employers believe otherwise.

Real freedom of speech includes freedom to say stuff you don't like.
She has freedom of speech

Biggy Stardust

7,068 posts

51 months

Wednesday 28th February
quotequote all
Silvanus said:
She has freedom of speech
It came at a cost therefore it is not free.

Roofless Toothless

6,131 posts

139 months

Wednesday 28th February
quotequote all
Am I missing something?

I thought you needed 1000 posts and 12 months to post on NP&E?

valiant

11,363 posts

167 months

Wednesday 28th February
quotequote all
Roofless Toothless said:
Am I missing something?

I thought you needed 1000 posts and 12 months to post on NP&E?
Probably posted in GG or somewhere and then got moved over to NP&E.

Means the op can’t now respond.