This legislation incorporates the European Convention on Human Rights. There are principally three areas that affect employment law: right to respect for family life; right of freedom of thought, conscience and religion; and non-discrimination by a public authority. The Act came into UK law in October 2000.
Whilst brought in as a positive measure, the HRA has fast become a tool used by employees to threaten their employer with legal action for infringement of rights. The law however is intended for the public sector only and does not generally impact on the private sector. We still find many employers overwhelmed by the complexity and scope of this legislation and confusion reigns when Human Rights Act infringements are added to Unfair Dismissal claims against Private Sector employers. The reason for this is that whilst private sector employees cannot claim HRA infringements, all our tribunals are themselves public sector therefore are bound to make their decisions in consideration of the requirements of the HRA. And if you weren’t confused before, you must be now!
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