Human Rights at Work: Essential Knowledge for UK Employees

The Human Rights Act 1998 and Employment Law

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The Human Rights Act 1998 (HRA) plays a pivotal role in safeguarding fundamental rights and freedoms within the workplace. It incorporates the European Convention on Human Rights (ECHR) into UK law, granting individuals enforceable rights against public authorities, including employers.

Key Articles of the HRA in the Workplace

Several articles within the HRA directly impact the employer-employee relationship. These include:

• Article 2: Right to Life – This article emphasizes the employer’s duty to ensure a safe working environment.
• Article 4: Prohibition of Slavery and Forced Labour – It prohibits all forms of forced or compulsory labour, emphasizing fair and ethical recruitment practices.
• Article 6: Right to a Fair Trial – This article is relevant in disciplinary and grievance procedures, ensuring fair hearings and impartial decision-making.
• Article 8: Right to Respect for Private and Family Life – It protects employee privacy, including personal data, correspondence, and reasonable expectations of privacy at work.
• Article 9: Freedom of Thought, Conscience, and Religion – Employers must make reasonable accommodations for employees’ religious beliefs and practices, barring any discriminatory practices.
• Article 10: Freedom of Expression – This article safeguards employees’ right to express their views, within reasonable limits, without facing detriment at work.
• Article 11: Freedom of Assembly and Association – Employees have the right to join trade unions and participate in collective bargaining, fostering a fair and representative work environment.
• Article 14: Prohibition of Discrimination – This article underpins equality and diversity in the workplace, prohibiting discrimination on grounds like gender, race, religion, disability, sexual orientation, and age.

Discrimination in the Workplace

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The Equality Act 2010 offers comprehensive protection against discrimination in the UK. It defines nine protected characteristics:

1. Age
2. Disability
3. Gender reassignment
4. Marriage and civil partnership
5. Pregnancy and maternity
6. Race
7. Religion or belief
8. Sex
9. Sexual orientation

Forms of Discrimination

The Equality Act recognizes various forms of discrimination, including:

• Direct discrimination: Treating someone less favorably because of a protected characteristic.
• Indirect discrimination: Applying a provision, criterion, or practice that disadvantages people with a protected characteristic.
• Harassment: Unwanted conduct related to a protected characteristic that violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
• Victimisation: Treating someone unfairly because they have made or supported a complaint or raised concerns about discrimination.

Employment Tribunals and Redress

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If an employee believes their human rights or employment rights have been infringed upon, they can seek redress through an employment tribunal. These tribunals are specialized courts that handle disputes between employers and employees.

Time Limits for Claims

It’s crucial to be aware of the strict time limits for bringing claims to an employment tribunal. Generally, individuals have three months less one day from the date of the alleged discriminatory act or unlawful deduction to submit a claim. Failure to adhere to these deadlines might result in the claim being time-barred.

This inspiring TEDx Talk features Donna Patterson, who bravely represented herself in an employment tribunal against a major UK supermarket. Her story highlights the accessibility of employment tribunals and the importance of understanding your rights as an employee.

Conclusion

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