The Human Rights Act (HRA) will make the fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR) more accessible to individuals in the UK. So how will the Act affect the workplace?
For the public sector, the importance of the HRA is quite clear. Public sector employees, customers and clients will be able to pursue direct action to enforce their rights under this legislation. Outside the public sector however, some employers may feel that it will not be of any real relevance to their organisation. After all, they don’t torture anyone! Think again!
The courts and employment tribunals will be obliged to act in a manner compatible with the ECHR. Every employer must be aware that reference is likely to be made in any employment proceedings as to the applicability of the Convention, irrespective of whether the employee has specifically raised a right in the first place. As a consequence, employers may well find themselves paying damages for breaching
