The Court of Appeal has held that the legislative provision that excludes park police constables from enjoying collective consultation rights is in breach of their, and their union's, art.11 rights under the European Convention on Human Rights.
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.
In Redfearn v United Kingdom  IRLR 51 ECHR, the ECHR held that an employee's rights under art.11 of the European Convention on Human Rights were breached when he was unable to challenge his dismissal following his election as a local councillor for the BNP.
The European Court of Human Rights has said that it was a breach of a BNP member's human rights for him not to have the opportunity to claim unfair dismissal on the basis that he was sacked for his "political opinion". He did not have the required one year's service in force at the time to bring a claim.
In Associated Society of Locomotive Engineers and Firemen (ASLEF) v United Kingdom  IRLR 361, a case of competing rights of association under art. 11 of the European Convention on Human Rights, a trade union's right to expel a member of the BNP because his values conflicted fundamentally with its own outweighed the individual's right to membership of the union.
A 13-year battle over the right to union representation is almost certain to change UK employment law. Phil Boucher reports.
Continuing our series on the implications of recent significant cases, Sue Nickson, partner and national head of employment law at Hammonds Suddards Edge, looks at the issues
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.
In Ahmed and others v United Kingdom  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.
HR and legal information and guidance relating to art.11 of the Convention on Human Rights (the right to freedom of assembly and association).