Quote:
Originally Posted by foreverwar
theLaw, trying reading the thread.
Someone complained about an email they had received from the OP's VM connection - no spying took place.
Actually, freedom of speech does exclude swear words - it is a disciplinary offence in most work places to use offensive language (in the first post, the OP stated the email contained ""F" word and donkeyhole (I paraphrase)") - obviously the recipient found that offensive, and that is all the context that is required (imho).
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This swear word hasnt been used in the workplace.
Freedom of speech is nothing to do with the workplace.
In a workplace you are usually required by your contract of employment to adhere to certain behaviours . Tose beahviours neccessarily restrict your general right to freedom of speech if you want to keep your job.
VM T&Cs AUP do restrict freedom of speech but that does not mean that they are unlawful or lawful. I strongly suspect it is a mixture of both but more down to their choice of what restrictions they place on their customers use of their services and any obligations they have in supplying their services under other laws.
I do not dispute they believe their rights under the contract to terminate my services for whatever reason they choose (but I may if they are judged to be lawful in applying an immediate contract termination for the email content or this aledged Voicemail)
The thrust of my complaint at the moment is I beleive they have to give me 30 days notice under UK law because of the nature of this contract.
They haven't given me that and it has casued me loss.
The frredom of speech curtailments that VMs T&Cs and AUP place on all customers are another matter but they are similar to the Phorm and BPI issues in that VM are at liberty to withhold their service to customers that dont accept them. They may not be at liberty to apply these conditions retrospectively against existing contracts.
As a consumer you have the right to buy and use their services or not.