Employment Law and the Human Rights Act 1998

by Rochelle, Warren J.

ISBN13: 9780853085034

ISBN10: 085308503X

Format: Paperback

Pub. Date: 2001-08-01

Publisher(s): Jordans Pub

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Summary

Employment Law and the Human Rights Act 1998 is the first book availableto highlight the impact that the new Human Rights Act will have on allareas of employment law and practice. It examines the compatibility ofcurrent UK employment law with the European Convention on Human Rights,applying particular Articles to common employment issues including:discrimination and harassmenttrade unionsterms and conditions of employmentdiscipline at work and bullyingunfair dismissalproceedings before the employment tribunals and courtsconfidentiality and protection of personal dataGuidance is given on all areas including the potential impact on:Individual employment law, assessed against the rights to private and family life, free expression, religion, the right to a fair trial, theright not to be subjected to forced labour and the right not to besubjected to inhuman or degrading treatment.Collective employment law, where the law relating to trade unions andindustrial action is examined, in the light of Article 11 (Freedom ofAssembly).Discrimination law, taking into account the requirements of Article 14 (Prohibition of Discrimination) and previous decisions of the Court ofHuman Rights and European Court of Justice.Written by a team of employment law specialists and including analysis ofthe potential scope and use of arguments, Employment Law and the HumanRights Act 1998 is a value for money resource for all employment lawyersand barristers, HR professionals and trade unions and their advisers.

Preface
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European Materials
Table of International Materials
Table of National Statutes etc
Table of Abbreviations
The European Convention and the International Common Law of Human Rights	p. 1
Origins of the Convention	p. 1
Framework	p. 2
The rights protected	p. 7
Limitations and restrictions on human rights	p. 16
Interpretation	p. 17
The comparative dimension (the international common law of human rights)	p. 19
The Convention and the law of England and Wales - past, present and future	p. 23
EC law	p. 24
The Human Rights Act 1998	p. 25
The Act and its context	p. 25
The interpretation of the Human Rights Act 1998	p. 26
Convention rights under the Human Rights Act 1998	p. 28
Derogations and reservations	p. 29
Interpretation of Convention rights	p. 31
Determining the content of a Convention right	p. 36
Declaration of incompatibility	p. 40
Crown intervention	p. 43
Section 9 - claims under section 7(1)(a) for judicial acts	p. 44
Public authorities	p. 44
Public authority 'acting in the shoes of the State'	p. 45
Practical effects	p. 54
Section 7 - proceedings for breach by a public authority	p. 55
Safeguard for existing human rights	p. 61
Freedom of expression	p. 61
Remedial action	p. 62
Freedom of thought and religion	p. 64
Judges of the ECtHR	p. 65
Using the Human Rights Act 1998 in the Context of Employment Law	p. 67
Introduction	p. 67
The contract of employment	p. 68
Non-contractual relationships between employer and employee	p. 70
Unfair dismissal	p. 73
Using the Human Rights Act 1998	p. 82
Article 3	p. 85
Article 4	p. 88
Article 6	p. 93
Is there a civil right and obligation?	p. 94
Emmployment tribunal proceedings in the light of the Human Rights Act 1998	p. 118
Articles 6(2) and 7: criminal charges	p. 132
Article 8	p. 133
Article 9	p. 154
Article 10	p. 161
Article 14	p. 177
Article 1 of Protocol 1	p. 179
The powers of the court	p. 184
Collective Rights	p. 189
Introduction	p. 189
Nature of trade unions	p. 190
Trade union membership	p. 192
Individual's right to be a member	p. 193
Exceptions to the right to membership	p. 200
Rights to non-membership	p. 203
Right to admission and refusal of admission	p. 207
Discipline and expulsion	p. 209
Role of the State regarding membership rights	p. 210
Recognition and bargaining	p. 211
Role of the State in collective agreements	p. 214
Industrial conflict: strikes and industrial action	p. 214
Picketing and other demonstrations	p. 217
Role of the State - positive obligations	p. 222
Discrimination	p. 225
Introduction	p. 225
Protection from discrimination in the United States	p. 225
International protection	p. 226
UK domestic legislation on discrimination	p. 226
EC legislation against discrimination	p. 230
Convention for the Protection of Human Rights and Fundamental Freedoms	p. 234
Remedies, Damages and Funding	p. 251
Introduction	p. 251
Section 7: proceedings	p. 255
Procedure for bringing claims and appeals	p. 269
Section 8: remedies	p. 276
Injunctions	p. 278
Declaratory relief	p. 282
Damages for breach of s 6	p. 283
Legal help in the courts	p. 287
Section 9 - judicial acts	p. 288
Appeals from employment tribunals	p. 289
Judicial review	p. 291
Remedial action following a declaration of incompatibility by the High Court, Court of Appeal or House of Lords	p. 292
Judicial review and human rights in employment cases	p. 295
Funding and related issues: Access to Justice Act 1999	p. 305
Costs in judicial review cases under the Human Rights Act 1998	p. 306
Practical effect of the Human Rights Act 1998 on tribunals' remedial powers	p. 308
The tribunals' jurisdiction and the Human Rights Act 1998	p. 309
The effect of the Human Rights Act 1998 on compensation for unfair dismissal	p. 314
The effect of the Human Rights Act 1998 on remedies for discrimination	p. 316
Human Rights Act 1998	p. 319
Table of Contents provided by Blackwell. All Rights Reserved.