Human Rights Act: Revolutionising the workplace
A dramatic effect on UK employment law is in the offing; and unless employers are made aware of the main arguments their advisers could be accused of professional negligence, says Makbool Javaid
aThe Human Rights Act (HRA) provides that it will be unlawful for public authorities to act in a way that is incompatible with Convention rights. A public authority employee will have a direct claim for damages or an injunction if there is an infringement of the HRA. But an employee in the private sector may also bring a claim if the employer exercises mixed public and private functions (a so-called hybrid body), or in respect of a purely private sector employer, by arguing that another claim (such as discrimination or unfair dismissal) has to be interpreted in the context of and consistent with the Convention.There are a number of areas where employers could fall foul of the Act:
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