The courts found that an employee's right to freedom of expression were violated when he was dismissed for publishing personal blog posts in relation to his work.

What happened?

Mr Herbai, an employee of a Hungarian bank, published blog posts on his personal HR management knowledge-sharing website. The website did not mention the bank's name.

The bank dismissed Mr Herbai as it considered that he had damaged its economic interests and breached its confidentiality standards.

Mr Herbai argued that his dismissal breached his freedom of expression rights.

A balancing exercise

The European Court of Human Rights balanced the employee's rights to freedom of expression against the bank's rights to protect its business interests. It considered four elements - the nature of the speech, the employee's motives, damage caused to the bank, and the severity of the sanction imposed. The court found that the employer did not demonstrate a justification for restricting Mr Herbai's right to freedom of expression. The bank had therefore violated Mr Herbai's human rights under Article 10.

What can employers learn from this?

This case is a reminder that even when there are contractual or legal provisions governing an employee’s ability to share information, their right to freedom of expression will be a relevant factor when considering the legality of a dismissal.

Restricting an employee's right to freedom of expression must be necessary and proportionate. If employers are to do so, they should ensure they have sufficient evidence to justify their actions.

  • Michael Delaney is a partner at award-winning law firm VWV, which has offices in Clarendon Road, Watford