Human rights

Ashok Kanani 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.

The status and impact of the Convention is subject to change. In May 2015, the Government stated its intention to bring forward proposals for a British Bill of Rights, which will replace the Human Rights Act 1998. Stay up to date with this issue at Employment law manual > Equality and human rights > Human rights > Future developments.

Ashok Kanani, employment law editor

Latest items in Human rights

  • 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.

  • Five recent cases against NHS employers

    Date:
    9 June 2016
    Type:
    Editor's choice

    We round up five recent cases against NHS employers that reached the Employment Appeal Tribunal, covering disability discrimination, religious discrimination, whistleblowing, human rights and unfair dismissal.

  • 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: Can employers monitor private emails?

    Date:
    20 May 2016
    Type:
    Editor's choice

    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.

  • 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.

  • Human rights: right to privacy in the spotlight

    Date:
    5 May 2016
    Type:
    Editor's choice

    In Garamukanwa v Solent NHS Trust, the EAT had to consider whether or not the employee's right to privacy had been breached when his employer used private material on his iPhone for disciplinary purposes.

  • 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.

  • Cases on appeal

    Date:
    22 February 2016
    Type:
    Law reports

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