Human rights

European human rights laws are enshrined in the UK via the Human Rights Act 1998, which implements the European Convention on Human Rights.

Human rights principles of particular importance for employers include the right to: a fair and public hearing; peaceful enjoyment of possessions; freedom of assembly and association; prohibition of slavery and forced labour; freedom of expression; respect for private and family life; and freedom of thought, conscience and religion.

Human rights have been especially relevant to employment cases involving disciplinary hearings (particularly the right to be accompanied); trade union activities; religious discrimination; and monitoring of employees.


email monitoring

ECHR judgment and the tricky issue of email monitoring: What now for employers?

How should employers adapt their policies on monitoring employees’ use of email or other company systems in the wake of...

Bogdan Barbulescu used his Yahoo Messenger account for private emails but did not know they were being monitoredShutterstock.com

Worker whose messages were monitored had human rights breached

5 Sep 2017

Employers should make employees aware of any monitoring of their...

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A US tech company has implanted a $300 chip into employees' hands

Microchipping workers: What are the moral, practical and legal implications?

22 Aug 2017

Three Square Market, a Wisconsin-based tech company, recently became one of the first in the world to microchip staff. David...

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Wandsworth Common. Photo: Ben Rowe/REX/Shutterstock.

Court victory expands collective consultation rights, claims Unison

2 Aug 2017

A Court of Appeal decision “makes it much harder for employers to ignore staff when making major changes in the...

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The question of whether to enhance shared parental pay for fathers has featured in case law this year

Six important employment law cases in 2017

28 Jul 2017

The decision by the Supreme Court that the employment tribunal fees system is unlawful may be one of the most...

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Tory manifesto: National retraining, NI holidays and more gap reporting

18 May 2017

Theresa May launched the Conservative Party’s 2017 election manifesto today, and for HR and employers there are no big surprises....

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Criminal record checks: filtering system ruled unlawful

5 May 2017

The incoming Government must rethink criminal record disclosure rules after defeat in the Court of Appeal over the process for...

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Denise Brewster and her late partner Lenny McMullenCopyright: Denise Brewster

Co-habiting unmarried partner wins pensions case

8 Feb 2017

Unmarried partners of occupational pension scheme members should be eligible for survivor pension benefits, regardless of whether or not they...

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Dirk v. Mallinckrodt / imageBROKER/REX/Shutterstock.

Five important employment law cases in 2016… and five more to come

21 Jul 2016

Your annual summer round-up of the most important employment law cases 2016 has seen so far, and those still to come…

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Legal representation at disciplinary hearings: when is there a right?

20 Apr 2016

There is no statutory right for a worker to be accompanied by a legal representative at a disciplinary hearing. However,...

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criminal-record-checks

Criminal record checks: filtering process is inadequate

12 Apr 2016

The High Court has upheld a challenge by way of judicial review to the present criminal record checks scheme, finding...

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Ethical principles to guide HR analytics will be needed, say the authors

Predictive HR analytics raise “Big Brother” ethical and legal fears

11 Apr 2016

As employers become more sophisticated in their use of HR metrics, they need to ensure they are aware of the...

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private-messages

Employers can monitor private messages, ECHR rules

13 Jan 2016

Employers can justify reading workers’ private online messages, after a judgment yesterday in the European Court of Human Rights (ECHR)....

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queens-speech

Queen’s Speech: consultation on Bill of Rights and “a job for everyone”

27 May 2015

Today’s Queen’s Speech from the first majority Conservative government since John Major was in power proposed a number of new...

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Under the plans, decisions made at the European Court of Human Rights in Strasbourg would not be binding on UK courts. Photo: F1 Online/REX

The future of the Human Rights Act and implications for employment law

27 May 2015

Today’s Queen’s Speech stopped short of a legislative plan to scrap the Human Rights Act, but it did confirm government...

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