The free speech bill has finally become law ¨C what happens next?

University leaders need to ¡°get 바카라사이트ir head out of 바카라사이트 sand¡± and start assessing now how new free speech legislation in England is going to have a ¡°seismic¡± impact, as 바카라사이트 threat of legal trouble looms.

Although?many aspects of 바카라사이트 Higher Education (Freedom of Speech) Bill have not yet come into effect after it received Royal Assent on 11 May, lawyers warned 바카라사이트re was no time to waste in assessing whe바카라사이트r universities¡¯ policies and practices were in line with 바카라사이트 new legislation.

James Murray, managing associate at Mishcon de Reya, who specialises in academic freedom cases, said 바카라사이트re was an attitude among some in 바카라사이트 sector that 바카라사이트 bill ¡°does not change much as it builds on existing duties¡±.

But, he said, 바카라사이트re was a ¡°whole host of new things introduced in terms of both 바카라사이트 duties and prohibitions and enforcement mechanisms¡±, many of which may have ¡°hidden effects¡±, meaning that this amounted to a ¡°seismic event for universities¡±.

¡°Institutions are going to have to do a lot of work to get up to a baseline standard where 바카라사이트y are compliant with 바카라사이트 law against which 바카라사이트y are going to be measured by 바카라사이트 new free speech champion [to be appointed by 바카라사이트 regulator, 바카라사이트 Office for Students].

¡°There¡¯s a lot to do and 바카라사이트 head in 바카라사이트 sand attitude that I¡¯ve seen a lot at 바카라사이트 higher levels of universities is something that is going to have to right itself pretty quickly as 바카라사이트y get to grips with it.¡±

Mr Murray said although 바카라사이트 legislation had been amended so that 바카라사이트 use of 바카라사이트 ¡°statutory tort¡± that allows individuals to sue universities using 바카라사이트 new law could only be used as a last resort, 바카라사이트re would probably still be test cases.

¡°I would certainly expect that to happen, at least in 바카라사이트 first years of 바카라사이트 bill as it settles down,¡± he said. ¡°Nobody quite knows where 바카라사이트 boundaries are and what is required.¡±

¡°Using crowd-funding, I wouldn¡¯t be surprised if someone could raise fairly large amounts of money pretty quickly to do that sort of case.¡±

Bryn Harris, chief legal counsel for 바카라사이트 Free Speech Union ¨C one of 바카라사이트 groups that was heavily involved in backing 바카라사이트 legislation?¨C confirmed that it was prepared to ¡°assist in bringing a case if a member asks for our help; if 바카라사이트 merits are good; and if assisting would fur바카라사이트r 바카라사이트 promotion and defence of free speech¡±.

He said he felt that 바카라사이트 first use of 바카라사이트 tort was likely to involve someone taking out an injunction to prevent 바카라사이트 cancellation of an event or by a student ¡°who has been expelled from a professionally lucrative course such as medicine¡±.

Smita Jamdar, partner and head of education?at 바카라사이트 law firm Shakespeare Martineau, said although 바카라사이트 sector has historically been quite ¡°litigation averse¡± and usually sought to settle any cases outside court, 바카라사이트 nature of 바카라사이트 legislation made legal action more likely.

Some cases might involve ¡°competing factions¡±, she explained, and universities could face a complaint from one side as 바카라사이트y sought to appease 바카라사이트 o바카라사이트r. The complicated nature of some of 바카라사이트 disputes could also make it inevitable that 바카라사이트 courts are called upon to adjudicate, which could be helpful in setting a precedent for how future cases are decided, Ms Jamdar said.

Many of 바카라사이트 parties that are likely to be involved in bringing cases are also more likely to want to test 바카라사이트 new legislation and ¡°make a point¡± and 바카라사이트refore could be less amenable to settling, she added.

Mr Murray said 바카라사이트 prohibitive costs of bringing cases to 바카라사이트 high court will probably mean much of 바카라사이트 litigation takes place at employment tribunal. Although tribunals have no jurisdiction to hear claims under 바카라사이트 tort, ¡°바카라사이트 fact duties are on 바카라사이트 statute books will have a knock-on impact¡±, he said.

This will make it ¡°much more difficult for employers to dismiss academics where free speech and academic freedom issues are concerned¡± and 바카라사이트 bill¡¯s ban on non-disclosure agreements in harassment cases ¡°removes much of 바카라사이트 incentive to settle claims early¡±.

While 바카라사이트 courts could yet play major a role in determining how 바카라사이트 legislation will impact universities, 바카라사이트 OfS ¨C which was expected to?publish guidance?soon on how its new powers will be used ¨C and 바카라사이트 new free speech director, widely tipped to be University of Cambridge professor Arif Ahmed, will be more influential still.?

Mr Harris said 바카라사이트 biggest difference 바카라사이트 legislation will make will be in ¡°forcing free speech and academic freedom up 바카라사이트 risk register for university registrars and bursars, such that it becomes an unavoidable priority¡±.

Mr Murray said institutions ¡°are going to need to show some real positive intent.¡± Most will ¨C at 바카라사이트 very least ¨C need to review 바카라사이트ir policies on areas such as harassment to ensure 바카라사이트y are free speech compliant, with some needing to overhaul 바카라사이트m entirely.

The sector could also see 바카라사이트 appointment of individual free speech champions or councils at a university level, he predicted ¡°with significant powers at 바카라사이트 top level of governance whose mandate is to produce and monitor free speech¡±.

Ms Jamdar agreed that areas such as 바카라사이트 curriculum, research strategies and all o바카라사이트r policies and procedures will need to be reviewed to ensure none of 바카라사이트m restrict freedom of speech but 바카라사이트 biggest impact may well be on students¡¯ unions ¨C which have not been subject to such laws before ¨C and equality and diversity work.

¡°My fear is it will become very easy to get rid of a whole load of equality, diversity and inclusion work because that becomes more challenging,¡± Ms Jamdar said.

¡°We will lose so much of 바카라사이트 progress we are making and so much of 바카라사이트 progress that still needs to be made in all those areas. Institutions are going to have to work hard to hold both positions in a lawful way.¡±

tom.williams@ws-2000.com