Employment Law and Human Rights

Third Edition

Robin Allen QC, Rachel Crasnow QC, Anna Beale, Claire McCann, and Rachel Barrett

A leading authority in the field of employment law and human rights
Written by a renowned author team, comprising some of the UK's most influential barristers in this area
Provides a comprehensive and systematic survey of the Convention rights that apply to employment cases and issues that frequently arise in practice
Intuitively structured, charting the development of the law from the ECHR through to the HRA 1998 and beyond with analysis of the potential consequences for employment law and human rights of BREXIT and a possible repeal of the HRA 1998 and a UK 'Bill of Rights'
Includes 'Frequently Asked Questions' sections to ensure quick access to key information and summaries

New to this Edition:

Updates practitioners about the continuing development of the HRA 1998, the relevant provisions of the International Labour Organisation, European Law (including the EU Charter of Fundamental Rights), and UN law and their impact on employment law
Details all relevant legal developments, including ECHR and domestic case law encompassing same sex marriage
Includes analysis on the complex regulatory framework surrounding privacy at work, data protection and internet access, and the various surveillance regulations, all considered in the light of the UK's obligations under the Convention and EU human rights law
Includes source material from the Charter of Fundamental Rights of the European Union which will remain relevant whatever happens on BREXIT for the immediate future

Employment Law and Human Rights

Third Edition

Robin Allen QC, Rachel Crasnow QC, Anna Beale, Claire McCann, and Rachel Barrett

Description

The European Convention of Human Rights (ECHR), Human Rights Act 1998 (HRA) and the Charter of Fundamental Rights of the European Union have had a significant impact on UK employment law, but the ultimate contours of this are still developing and emerging, particularly post-BREXIT. In the face of these ever-changing human rights debates, questions concerning workplace behaviour are more abundant than ever: with such increased connectivity, how do we separate work life from private life? In the world of smartphones and tablets, is it lawful for employers to expect around the clock service and what flexibility should we expect in the workplace, both from employers and employees?

This new edition examines these questions in detail, looking at the ongoing effects of human rights legislation on employment law. Including far more detailed coverage of the impact of equality laws on religion and beliefs, sexual orientation, and age, as well as the more established protected characteristics of race, sex, and disability, this book will provide practitioners with the vital information they need for the increasingly prevalent employment cases concerning human rights. This new edition has been substantially revised to take into account new legislation and the wealth of cases that have emerged since the previous edition published in 2007.

This book provides an introduction to the sources and practices of human and fundamental rights and their relationship to employment law, before launching into an analysis of various working conditions. Topics covered include: prohibition on slavery and forced labour; equality rights in relation to cultural, religious, gendered, and linguistic diversity; special protections put in place for children; protection from unjustified dismissal; and the interface between family and work including maternity and paternity rights. Comprehensive coverage of available remedies, spanning from the right to a fair trial and using European law in the courts and tribunals, to making a preliminary reference to the European Court of Justice and applying to the ECHR, ensures that the book is of real, practical value.

Regarded as one of the foremost authorities in this area, this edition is a must-have for all employment lawyers and students.

Employment Law and Human Rights

Third Edition

Robin Allen QC, Rachel Crasnow QC, Anna Beale, Claire McCann, and Rachel Barrett

PART I HUMAN RIGHTS AND THEIR RELATIONSHIP TO UK LAW
1. Introduction to the European Convention on Human Rights and the Human Rights Act 1998
2. Human Rights and Employment Law in the European Union
3. Other Controls on Human Rights and Employment Law
PART II FUNDAMENTAL EMPLOYMENT RIGHTS AND THEIR RELATIONSHIP TO UK LAW
4. Access to Work
5. Working Rights and Conditions
6. Trafficking, Slavery, and Forced Labour
7. Property Rights in the Work Context
PART III FREEDOM OF EXPRESSION, ASSOCIATION, AND EQUALITY RIGHTS IN THE WORK CONTEXT
8. Freedom of Expression
9. Freedom of Association
10. The Concepts of Equality and Non-Discrimination
11. Integration of Persons with Disabilities
PART IV THE INTERFACE BETWEEN FAMILY, PRIVATE LIFE, INDIVIDUAL CONSCIENCE, AND WORK
12. Article 8: Respect for Private and Family Life
13. Article 8: Family Life and the workplace
14. Article 8: Private Life and the Workplace
15. Freedom of Thought, Conscience, and Religion
PART V FAIR HEARINGS
16. Article 6 and Its Scope
17. The Substantive Content of Article 6 in the Workplace
APPENDICES
1. Human Rights Act 1998
2. European Convention on Human Rights
3. Charter of Fundamental Rights of the European Union
4. Council Directive 2000/43/EC-The Race Directive
5. Council Directive 2000/78/EC-The Framework Directive
6. ECHR Application Form
7. ECHR Application Note
8. ECHR Authority Form

Employment Law and Human Rights

Third Edition

Robin Allen QC, Rachel Crasnow QC, Anna Beale, Claire McCann, and Rachel Barrett

Author Information

Robin Allen QC, Barrister, Cloisters,Rachel Crasnow QC, Barrister, Cloisters,Anna Beale, Barrister, Cloisters,Claire McCann, Barrister, Cloisters,Rachel Barrett, Barrister, Cloisters

Robin Allen QC is co-Head of Cloisters Barristers Chambers and Chair of the Bar Council's Equality and Diversity and Social Mobility Committee. He specialises in employment, equality, discrimination, human rights, public law and local authority work. He works across the UK and in Europe and also undertakes cross - border employment disputes. He is frequently asked to advise and lecture on international legal developments. Robin has been instructed in over 145 reported cases in the Industrial Relations Law Reports (more than any other barrister) and 40 cases in the Supreme Court/House of Lords.

Rachel Crasnow QC is renowned as an employment and discrimination law specialist appearing in complex, high-value claims involving race, age, sex and sexual orientation, disability and religion as well as equal pay and whistleblowing cases. Rachel represents a wide variety of clients and her work often overlaps with medical and regulatory law, education and public law issues. She is an accredited mediator and sits as a part time judge. Long-rated as a leading practitioner in the legal directories, Rachel also writes and lectures both in the UK and internationally on equality law issues.

Anna Beale specialises in all aspects of employment and discrimination law, and also maintains a personal injury and clinical negligence practice. She has been recommended by the leading UK Bar directories for many years and in 2017 was listed as one of Who's Who Legal's ten most highly regarded employment juniors. She has authored, edited and contributed to numerous publications on employment and discrimination law.

Claire McCann has been ranked for many years in the UK's leading legal directories and is highly respected both for her employment practice and her civil liberties and human rights work. She is particularly renowned for her equality work and has a niche specialism in transgender rights and informational privacy. She has contributed to a number of publications on employment and discrimination law and lectures widely on these topics.

Rachel Barrett is a barrister at Cloisters. She specialises in employment, discrimination and human rights law with a particular focus on mental health. She is a former Supreme Court judicial assistant, a contributing author to Supperstone, Goudie & Walker: Judicial Review ('Human Rights Act' chapter) and Bullen & Leake & Jacob's Precedents of Pleadings ('Employment Tribunal' and 'Employment Proceedings in the High Court' chapters), and a named researcher in Baroness Hale's book on Mental Health Law.