The workplace and the Human Rights Act 1998
The Human Rights Act descends from the European Convention on Human Rights (ECHR), which has existed in law since 1950. The Human Rights Act (HRA) 1998 became a full part of UK law in October 2000 and incorporates the rights and freedoms guaranteed by the ECHR directly into UK law and is the main source of human rights protection in the UK.
Although the HRA is important, it has had a far less significant impact on employment law than originally anticipated. This is partly due to the rise in a variety of
anti-discriminatory rights. Employees can now use these
anti-discriminatory pieces of legislation to protect themselves rather than have to rely on the HRA.
The HRA is divided up into a number of sections or articles each of which deal with a distinct area. The articles below are the most relevant in an employment context.
Article 6: Right to a fair trial
This relates to legal cases and in an employment context therefore only refers to employment tribunals, appeal tribunals and professional conduct hearings. It does not refer to internal hearings (including dismissal hearings).
Article 8: Right to respect for private and family life
For the most part this area has been covered by the rise in both anti-discriminatory legislation and legislation governing the interception and monitoring of communications by staff.
Article 9: Freedom of thought, conscience and religion
Again there is little precedent set by cases given the advent of the Employment Equality Regulations – in this case, related to religion and belief. However, occasionally employees do add weight to their claims under the equality regulations at tribunal by making reference to a breach of the HRA.
Article 10: Freedom of expression
This predominantly links with employment in terms of the way employees dress. However, most employees making claims of this nature, tend to link their claims with either the Sex Discrimination Act or the Race Relations Act rather than the HRA.
Article 11: Freedom of assembly and association
Affects employment by giving individuals the right to join or to not join a trade union. This means that an individual cannot be compelled to join a professional association as any such compulsion would be an infringement of Article 11. However, EducationPersonnel Services (EPS) would recommend that individuals do where possible, join the professional associations and trade unions as they are an important source of advice and support, particularly if there is a dispute within the workplace that needs resolution. There are also many additional benefits, such as member discounts available through many associations.
Article 14: Prohibition of discrimination
This protects individuals from discrimination on any grounds and any other status. This is slightly wider than that which is covered by employment legislation normally – for example, it could also include political or other opinion, and whether an individual was born within or outside of marriage.
Well-being of the workforce website: DiscoverThe workplace and the Human Rights Act 19981