Human rights

Bar Huberman Editor's message: Be aware of the impact of the European Convention on Human Rights on your relationship with your workers. The rights and freedoms in the Convention that are likely to have the most impact on that relationship include: the right to a fair and public hearing, the right to respect for private and family life, freedom of thought, conscience and religion and freedom of expression.

It is important to consider such rights and freedoms when you are, for example, drawing up a dress code, contemplating carrying out a physical search of an employee or responding to an employee's request to be accompanied by a lawyer at a disciplinary hearing.

Bar Huberman, employment law editor

Latest items in Human rights

  • Cases on appeal

    Date:
    21 November 2016
    Type:
    Law reports

    Cases on appeal provides news on key case law developments that are expected.

  • Sexual orientation discrimination: Christian bakery's refusal to make cake with message of support for same-sex marriage

    Date:
    26 October 2016
    Type:
    Law reports

    In this case about discrimination in the provision of goods and services, the Northern Ireland Court of Appeal has held that a Christian bakery committed direct sexual orientation discrimination when it refused to fulfil an order for a cake featuring a message in support of same-sex marriage.

  • Date:
    22 July 2016
    Type:
    Legal guidance

    So far in 2016, there have been notable employment law cases on: holiday pay; childcare vouchers; social media at work; fraudulent sick leave; and reasonable adjustments for disabled people.

  • Human rights: Article 8 right to privacy did not prevent reliance on iPhone evidence

    Date:
    30 June 2016
    Type:
    Law reports

    In Garamukanwa v Solent NHS Trust [2016] IRLR 476 EAT, the EAT held that an employee who was dismissed for sending anonymous malicious emails to his former girlfriend could not rely on art.8 of the European Convention on Human Rights to prevent his employer from using evidence from his iPhone connecting him with the fake email addresses from which the messages were sent. Since the iPhone evidence had been supplied by the police following their investigations and with permission for it to be used, the tribunal had not erred in finding that the employer acted within the range of reasonable responses.

  • Human rights

    Type:
    Employment law manual

    Updated to include information on Garamukanwa v Solent NHS Trust, in which the EAT considered whether or not an employee had a right to privacy in respect of emails and photographs on his iPhone relating to a work colleague.

  • Podcast: Monitoring emails in the workplace

    Date:
    20 May 2016
    Type:
    Audio and video

    Do employees give up all rights to privacy when they enter the workplace? XpertHR editors Laura Merrylees and Fiona Cuming discuss two topical cases, their implications and the practical steps employers can take to protect their business interests.

  • No right to privacy for emails and photos on iPhone relating to work colleague

    Date:
    4 May 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that the employee had no reasonable expectation of privacy in respect of inappropriate emails and photographs on his iPhone relating to a work colleague that affected the workplace.

  • Criminal record checks: filtering process is inadequate

    Date:
    25 April 2016
    Type:
    Law reports

    The High Court has upheld a challenge by way of judicial review to the present criminal record checks scheme, finding that the relevant statutory provisions are incompatible with the European Convention of Human Rights. Ryan Stringer sets out the implications of the decision for employers.

  • Human rights: No breach of employee's human rights when private use of business messaging account monitored

    Date:
    19 March 2016
    Type:
    Law reports

    In Barbulescu v Romania [2016] IRLR 235 ECHR, the European Court of Human Rights held that an employer did not breach its employee's human rights when it monitored his private use of a business messaging account.

  • Social media: monitoring employee's work-related Yahoo account was justified

    Date:
    19 January 2016
    Type:
    Law reports

    In this Romanian case, the European Court of Human Rights (ECHR) accepted that the employee's right to a private life had been affected when his employer accessed his Yahoo messages. However, the ECHR went on to hold that the employer's actions were justified in the circumstances and not in breach of art. 8 of the European Convention of Human Rights.