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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.


    • Employment tribunals
    • Human rights

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

    by Matthew Howse and Sarah Stock 27 May 2015
    by Matthew Howse and Sarah Stock 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...

    • USA
    • Political elections
    • Human rights

    Election 2015: employees’ rights to their opinions

    by Karen Baxter and Sal Simao 14 Apr 2015
    by Karen Baxter and Sal Simao 14 Apr 2015

    With the UK’s general election looming large, Karen Baxter of UK law firm Lewis Silkin and Sal Simao of US...

    • Criminal records
    • Ex-offenders
    • Human rights

    Court rules that minor offences be dropped from criminal record checks

    by Jo Faragher 18 Jun 2014
    by Jo Faragher 18 Jun 2014

    A Supreme Court ruling has confirmed that job applicants will no longer need to disclose convictions for childhood or minor...

    • Case law
    • Human rights
    • Global HR

    Embassy workers’ employment tribunal claims could proceed despite state immunity

    by DLA Piper 27 Nov 2013
    by DLA Piper 27 Nov 2013

    In DLA Piper’s case of the week, the Employment Appeal Tribunal (EAT) held that two domestic workers employed in the...

    • Employment law
    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination

    Four cases of religious discrimination and their effect on business

    by Personnel Today 25 Feb 2013
    by Personnel Today 25 Feb 2013

    Amanda Jones and Alan Delaney look at the decisions in four recent cases of religious discrimination and discuss their potential...

    • Brexit
    • Employment law
    • Equality, diversity and inclusion

    Cameron’s speech on the UK-EU relationship: five key employment laws influenced by Europe

    by Personnel Today 23 Jan 2013
    by Personnel Today 23 Jan 2013

    David Cameron’s speech this morning on the future of the UK’s relationship with the European Union (EU) has made the...

    • Employment law
    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination

    What does the Eweida ruling really mean for employers?

    by John Eccleston 15 Jan 2013
    by John Eccleston 15 Jan 2013

    Today’s ruling by the European Court of Human Rights (ECHR) that a Christian employee had her human rights breached by...

    • Employment law
    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination

    European Court rules on long-running religion cases

    by John Eccleston 15 Jan 2013
    by John Eccleston 15 Jan 2013

    A Christian employee of British Airways had her human rights breached by not being allowed to wear a cross to...

    • Employment law
    • Equality, diversity and inclusion
    • Disability

    Employment law: 10 cases to look out for in 2013

    by Personnel Today 2 Jan 2013
    by Personnel Today 2 Jan 2013

    Two long-running religious discrimination cases are among those pending for 2013, alongside other important employment law decisions pending on redundancy, TUPE and...

    • Employment law
    • Dismissal
    • Human rights

    Court of Appeal says unfair dismissal complies with human rights rules

    by Jo Faragher 21 Nov 2012
    by Jo Faragher 21 Nov 2012

    The Court of Appeal has established that employers should have confidence in unfair dismissal rules, even where an employee has...

    • Employment law
    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination

    European Court of Human Rights ruling “could change UK law on religious discrimination”

    by Laura Chamberlain 4 Sep 2012
    by Laura Chamberlain 4 Sep 2012

    Four religious discrimination cases that have been taken to the European Court of Human Rights (ECHR) could have wide-ranging implications...

    • Employment law
    • Discipline and grievances
    • Human rights

    Supreme Court says no right to legal representation in disciplinary hearings

    by John Eccleston 29 Jun 2011
    by John Eccleston 29 Jun 2011

    The Supreme Court has ruled that it was not a breach of an employee’s human rights to refuse him the...

    • Employee relations
    • Employment law
    • Equality, diversity and inclusion

    Cases to watch in 2011

    by Philip Minnis 14 Mar 2011
    by Philip Minnis 14 Mar 2011

    This year brings a number of cases which could have a significant bearing on the employment law landscape. Here is...

    • Employment law
    • Equality, diversity and inclusion
    • Disability

    Legal perspective on pre-employment health questions

    by Personnel Today 14 Feb 2011
    by Personnel Today 14 Feb 2011

    Employers can no longer ask applicants pre-employment health questions. Anne Pritam and Beth Hale explain.The Equality Act 2010 came into force...

    • Employment law
    • Human rights

    Vetting and barring scheme breaches human rights, High Court rules

    by Daniel Thomas 11 Nov 2010
    by Daniel Thomas 11 Nov 2010

    Legislation preventing people convicted or cautioned for certain crimes from working with children or vulnerable adults breaches human rights law,...

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