Skip to main content

Insight article

December 20, 2019

Human rights, employment and social media

The European Court of Human Rights has held that the dismissal of an employee for writing a social blog could be a violation of their human rights under the right to freedom of expression.

In the case of Herbai v Hungary, an HR manager, Mr Herbai, was dismissed following his two blog posts on HR strategy and tax rates. In his blog, Mr Herbai described himself as an HR expert in management at a large bank. When this came to his employer’s attention, he was dismissed on the grounds that his conduct had damaged the bank’s economic interests and breached its confidentiality standards.

The Hungarian Supreme Court upheld the bank’s decision to dismiss Mr Herbai on the grounds that his conduct had endangered the bank’s business interests.

Mr Herbai appealed the decision because the termination of his employment had breached his freedom of expression rights under Article 10 of the Human Rights Act.

Article 10 confirms an individual’s right to freedom of expression and information, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society”. This right includes the freedom to hold opinions and to receive and impart information and ideas.

The court considered four elements relevant to the restriction of free speech in the context of an employment relationship:

  1. The nature of the speech
    The court rejected the bank’s argument that Article 10 did not apply as the published comments were addressed to HR professionals rather than the public.
  2. The motives of the author
    The motive was simply to share knowledge with a professional readership.
  3. The damage caused by the speech to the employer
    The bank made no attempt to demonstrate how the speech could have adversely affected its interests.
  4. The severity of the sanction imposed.
    Clearly, Mr Herbai had suffered a severe penalty, as he had been dismissed without any lesser sanction being considered.

The European Court of Human Rights found that the Hungarian courts had failed to balance an individual’s right to freedom of expression and an employer’s right to protect its legitimate business interests. They, therefore, did not discharge their positive obligations under Article 10.

Employers need to be vigilant so as not to violate employees’ rights in relation to freedom of expression. It is always advisable to take legal advice before dismissing an employee.

If you have a query about the dismissal of an employee or any other employment enquiries, call Karen Cole today.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • The do’s and don’ts of using AI in your business
    AI can help businesses improve efficiency and make informed decisions, but it also comes with risks. Explore the key do’s and don’ts of using AI responsibly, including data protection, legal considerations and the importance of human oversight.


    Read more
  • Next equal pay appeal: when can market pressures justify different pay
    When can recruitment and retention pressures justify different pay? Karen Cole explores the Next equal pay appeal, explaining why equal pay risks remain and what employers should consider when reviewing pay packages and the evidence supporting their


    Read more
  • Domestic Abuse Protection Orders: where are they available and what other protection can you seek?
    Domestic Abuse Protection Orders can offer tailored protection, but availability is currently limited. Pippa Marshall explains how they work, who can apply and the other protective orders available, including non-molestation and occupation orders.


    Read more
  • Missing beneficiaries and unknown heirs: what should executors do?
    What should an executor do if someone entitled to inherit cannot be found? James McMullan explains how to trace missing beneficiaries, the limits of statutory notices and the options to consider before distributing an estate.


    Read more
  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more

What they say...

  • Bryan E, September 2026
    Absolutely outstanding “This firm is super professional, efficient and friendly at the same time. You could not wish for a better service. I have used them for my Will and a range of other matters over many years. I’ve found all the vario

  • Jan Norris, September 2026
    Excellent Service “Charlotte Barbaroussis has prepared our wills, LPAs and a discretionary trust. She was professional, kind and patient throughout. A very fine person to have looking after us.”

  • Brian Nunan, August 2026
    “I dealt with the group for many years, and no matter which solicitor I used, the results were always the same. Excellent!”

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

Read more