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Human rights
In Wilson and others v the United Kingdom, the European Court of Human Rights holds that, whereas the absence under UK domestic law of compulsory collective bargaining did not, in itself, give rise to a violation of article 11 of the European Convention on Human Rights, preventing employees from exercising their right to have their trade union protect their interests rendered that right illusory.
Disciplinary proceedings taken by the Securities and Futures Authority against a securities trader involved the "determination of his civil rights and obligations", but not the determination of "any criminal charge" within the meaning of article 6 of the European Convention on Human Rights, even though the proceedings could result in fines and a suspension, holds the Court of Appeal in R v Securities and Futures Authority Ltd and another ex parte Fleurose.
In Ahmed and others v United Kingdom [1999] IRLR 188 ECHR, the European Court of Human Rights held that the Local Government Officers (Political Restrictions) Regulations 1990 did not breach the European Convention on Human Rights, since the interference with the employees' rights had been shown to be 'prescribed by law', in pursuance of one or more legitimate aims within the meaning of Article 10(2) of the Convention and was 'necessary in a democratic society' to attain them.
In Stedman v UK [1997] 23 EHRR 168 ECHR, the European Commission of Human Rights held that the dismissal of a woman for refusing on religious grounds to accept a new contract that would have required her to work Sundays was not an interference with her freedom of religion or other rights under the European Convention on Human Rights.
In Halford v United Kingdom, the European Court of Human Rights holds that the Merseyside Police Authority violated the right to privacy of its assistant chief constable under the European Convention on Human Rights when it tapped her office telephone calls for the purposes of gathering information in order to defend a sex discrimination complaint she had initiated.
In Ahmad v UK [1982] 4 EHRR 126 ECHR, the European Commission of Human Rights held that a local authority's refusal to allow Mr Ahmad time off work on Fridays to attend prayers at a mosque did not infringe his freedom of religion or his right to enjoy rights and freedoms without discrimination.
In Ahmad v Inner London Education Authority [1977] ICR 490 CA, the Court of Appeal held that the right to freedom of thought, conscience and religion established by Article 9 of the European Convention on Human Rights does not entitle an employee to be absent from work for the purpose of religious worship in breach of contract.
Employment law cases: HR and legal information and guidance relating to human rights.