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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.


    • Case law
    • Latest News
    • Religious discrimination

    Bakery in ‘gay cake’ case wins Supreme Court appeal

    by Jo Faragher 10 Oct 2018
    by Jo Faragher 10 Oct 2018

    The Christian owners of the Northern Irish bakery in the ‘gay cake’ case have won their appeal at the Supreme...

    • Case law
    • Collective bargaining
    • Employee relations

    Joint employer concept to be tested in High Court

    by Rob Moss 7 Aug 2018
    by Rob Moss 7 Aug 2018

    In a case that could open the door for more than 3 million outsourced workers to negotiate directly with their...

    • Tribunal Watch
    • Case law
    • Financial penalties

    The 10 most important employment law cases in 2017

    by Stephen Simpson 13 Dec 2017
    by Stephen Simpson 13 Dec 2017

    The last year has been a very significant one for employment case law. Stephen Simpson counts down the 10 most...

    • Human rights
    • Staff monitoring

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

    by Sarah Ozanne 13 Sep 2017
    by Sarah Ozanne 13 Sep 2017

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

    • Computer misuse
    • Human rights
    • Staff monitoring

    Worker whose messages were monitored had human rights breached

    by Jo Faragher 5 Sep 2017
    by Jo Faragher 5 Sep 2017

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

    • General Data Protection Regulation
    • Data protection
    • Human rights

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

    by David Sheppard 22 Aug 2017
    by David Sheppard 22 Aug 2017

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

    • Collective redundancy
    • Human rights

    Court victory expands collective consultation rights, claims Unison

    by Stephen Simpson 2 Aug 2017
    by Stephen Simpson 2 Aug 2017

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

    • Reasonable adjustments
    • Enhanced pay
    • Case law

    Six important employment law cases in 2017

    by Laura Merrylees 28 Jul 2017
    by Laura Merrylees 28 Jul 2017

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

    • Social mobility
    • National living wage
    • Auto-enrolment

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

    by Rob Moss 18 May 2017
    by Rob Moss 18 May 2017

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

    • Case law
    • Criminal records
    • Human rights

    Criminal record checks: filtering system ruled unlawful

    by Stephen Simpson 5 May 2017
    by Stephen Simpson 5 May 2017

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

    • Case law
    • Marriage and civil partnership discrimination
    • Human rights

    Co-habiting unmarried partner wins pensions case

    by Rob Moss 8 Feb 2017
    by Rob Moss 8 Feb 2017

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

    • Reasonable adjustments
    • Childcare
    • Case law

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

    by Stephen Simpson 21 Jul 2016
    by Stephen Simpson 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…

    • Employment law
    • Discipline
    • Discipline and grievances

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

    by Ashok Kanani 20 Apr 2016
    by Ashok Kanani 20 Apr 2016

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

    • Case law
    • Criminal records
    • Human rights

    Criminal record checks: filtering process is inadequate

    by Ryan Stringer 12 Apr 2016
    by Ryan Stringer 12 Apr 2016

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

    • Ethics
    • Data protection
    • HR strategy

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

    by Mark Crail 11 Apr 2016
    by Mark Crail 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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