Information and Communication Technology and Voice: Constraint or Capability

To date, debates regarding legal regulation of workplace information and communication technology (ICT) have focussed on the constraints that employers can legitimately place on worker voice. In this respect, the inadequacies of a common law approach have led to various legislative initiatives (such as that relating to data protection) and acknowledgement of human rights claims (largely relating to privacy). From a capabilities perspective, it is argued here that the current legal approach can be improved in a variety of respects, not least by recognition of the potential enabling functions of ICT. We could, for example, build into legislation positive entitlements for workers and their organizsations to utilizse email and other communication mechanisms in the workplace. Further, the current sole focus on privacy rights could usefully be supplemented by greater appreciation of workers’ rights to freedom of speech and freedom of association.