Updating author: Marc Meryon

On this page:
Summary
Future developments
Action point checklist
Key references
Questions and answers
Human Rights Act 1998 overview
Enforcing Convention rights
The Convention rights
Right to respect for private and family life
Freedom of thought, conscience and religion
Freedom of expression
Freedom of assembly and association
Prohibition of discrimination

Summary

3.626

• The Human Rights Act 1998, which came into force in the UK on 2 October 2000, gives "further effect" to the rights and freedoms guaranteed to everyone under the European Convention on Human Rights made at Rome on 4 November 1950 (See 3.628 Human Rights Act 1998 overview)
• The Convention rights are to be found in sch.1 to the Human Rights Act 1998 (See 3.630 The Convention rights)
• The Human Rights Act 1998 does not create any new statutory or common law rights for individuals: it imposes a duty on UK tribunals and courts, when determining a question that has arisen in connection with a Convention right, to take account of any judgment, decision, declaration or opinion of the European Commission and Court of Human Rights (and related Strasbourg-based institutions) that may be relevant to the proceedings in which that question has arisen (See 3.629 Enforcing Convention rights)
• When reading and giving effect to UK primary and subordinate legislation, the courts and tribunals must, as far as possible, do so in a way that is compatible with the Convention rights (See 3.629 Enforcing Convention rights)
• The Human Rights Act 1998 points out that it is unlawful for a public authority to act in a way that is incompatible with a Convention right - the term "public authority" includes the courts and tribunals, as well as government departments, local authorities, health trusts, the police and other bodies exercising public functions (See 3.628 Human Rights Act 1998 overview and 3.629 Enforcing Convention rights)
• It follows that, while public sector employees may sue their employer for breach of a Convention right, workers in the private sector may not, although they may rely on (or pray in aid) a particular Convention right when pursuing a complaint, reference or claim before an employment tribunal or court (See 3.629 Enforcing Convention rights)
• In the employment field, the Convention rights listed in part I of sch.1 to the Human Rights Act 1998 have implications in relation to the interception and recording of private telephone calls, emails, etc (See 3.631 Right to respect for private and family life; 3.632 Freedom of thought, conscience and religion; 3.633 Freedom of expression; and 3.634 Freedom of assembly and association)

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Future developments

3.627 Following the decision of the European Court of Human Rights in Associated Society of Locomotive Engineers and Firemen (ASLEF) v United Kingdom [2007] IRLR 361 ECHR, the Government has recognised that s.174 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) violates art.11 of the European Convention on Human Rights. In May 2007, the Government issued a consultation document setting out the options that it was considering to amend the law (ECHR judgment in ASELF v UK case - Implications for trade union law (PDF format, 197K) (on the BERR website)).