The introduction of the Higher Education (Freedom of Speech) Act 2023 marks an important moment for universities and colleges in England. The Act introduces significant changes aimed at strengthening protections for free speech and academic freedom in higher education. Alongside the recent Supreme Court judgment on free speech and updated guidance from the Equality and Human Rights Commission (EHRC), the Act is likely to influence broader cultural and policy developments across the higher education sector.
Sections 1, 2, and 5 of the Act will come into force on 1 August 2025 placing clear duties on higher education providers and constituent institutions to:
- Secure and promote freedom of speech and academic freedom,
- Institute robust codes of practice to uphold these duties,
- Ban the use of non-disclosure agreements (NDAs) in cases of bullying, harassment, and sexual misconduct.
Importantly, the Office for Students (OfS) now holds new statutory powers to enforce these obligations, adding a fresh layer of regulatory oversight. Sections 3 and 4 of the Act, which cover student unions and allow individuals to bring civil claims for free speech breaches, are still under Parliamentary debate. Provisions relating to overseas funding are also being reviewed.
These measures will formally take effect from 1 August 2025, the same date as another major regulatory change: the full compliance deadline for OfS Condition E6.
Managing sexual harassment compliance in HE/FE: Free webinar
As the E6 compliance deadline of 1 August 2025 approaches, significant changes to governance, policies and procedures are required. At the same time, recent fines by the Office for Students against Sussex University have put a further spotlight on internal policies in the sector.
Join our free, 1-hour webinar on 4 June 2025 at midday (UK time) where VinciWorks compliance experts will take you through the vital governance and policy changes your provider is expected to undertake.
In this one-hour session, our experts will cover:
- The key requirements under Condition E6, including reporting mechanisms, training obligations, and the ban on NDAs
- What “all reasonable steps” really means when it comes to protecting staff and students from harassment
- Legal and practical implications of free speech rulings and fines – including the Sussex University case
- How to review policies, training and procedures to align with both student safety and lawful expression
Get your questions answered by our experts as we go through the most important changes to higher and further education compliance in decades. Whether you’re in compliance, legal, student services or academic leadership, this is a must-attend session for anyone working in HE/FE.
