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.
Joint employer concept to be tested in High Court
In a case that could open the door for more than 3 million outsourced workers to negotiate directly with their...
The 10 most important employment law cases in 2017
The last year has been a very significant one for employment case law. Stephen Simpson counts down the 10 most...
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...
Worker whose messages were monitored had human rights breached
Employers should make employees aware of any monitoring of their...
Microchipping workers: What are the moral, practical and legal implications?
Three Square Market, a Wisconsin-based tech company, recently became one of the first in the world to microchip staff. David...
Court victory expands collective consultation rights, claims Unison
A Court of Appeal decision “makes it much harder for employers to ignore staff when making major changes in the...
Six important employment law cases in 2017
The decision by the Supreme Court that the employment tribunal fees system is unlawful may be one of the most...
Tory manifesto: National retraining, NI holidays and more gap reporting
Theresa May launched the Conservative Party’s 2017 election manifesto today, and for HR and employers there are no big surprises....
Criminal record checks: filtering system ruled unlawful
The incoming Government must rethink criminal record disclosure rules after defeat in the Court of Appeal over the process for...
Co-habiting unmarried partner wins pensions case
Unmarried partners of occupational pension scheme members should be eligible for survivor pension benefits, regardless of whether or not they...
Five important employment law cases in 2016… and five more to come
Your annual summer round-up of the most important employment law cases 2016 has seen so far, and those still to come…
Legal representation at disciplinary hearings: when is there a right?
There is no statutory right for a worker to be accompanied by a legal representative at a disciplinary hearing. However,...
Criminal record checks: filtering process is inadequate
The High Court has upheld a challenge by way of judicial review to the present criminal record checks scheme, finding...
Predictive HR analytics raise “Big Brother” ethical and legal fears
As employers become more sophisticated in their use of HR metrics, they need to ensure they are aware of the...
Employers can monitor private messages, ECHR rules
Employers can justify reading workers’ private online messages, after a judgment yesterday in the European Court of Human Rights (ECHR)....
