Tag Archives: human rights

UK: Reasonable expectation of privacy may not always apply to private communications

Employers may be able to rely on an employee's private phone communications to justify discipline or dismissal in some cases, as employees will not always have a reasonable expectation of privacy.  Whether there is such an expectation will be fact-sensitive … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK, Termination of employment

UK: New resources on human rights, terminal illness, database of tribunal decisions

The EHRC has published guidance for board directors on business and human rights. The TUC has launched a Dying to Work campaign, seeking better employment law rights for those with terminal illness and asking employers to sign up to a voluntary … Continue reading

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Filed under Employment-related claims- procedure and form, Resources, Workplace culture, diversity and discrimination (including bullying and harassment)

EU: ECJ privacy ruling not a green light for employer snooping despite media headlines

A recent ruling of the European Court of Human Rights should be viewed as a reminder to employers to exercise caution before monitoring their employees' use of internet and messaging services whilst at work. Media headlines framing the ruling as … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Cross-border

USA: Recent developments in US legislation on modern slavery

The recent introduction of the Federal Business Supply Chain Transparency on Trafficking and Slavery Bill (H.R. 4842) on 11 June 2014 (the “Bill”) is the U.S. government’s latest initiative in developing its approach towards human rights protections in business. The … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: The Americas

European Commission publishes employment and recruitment sector guide: Corporate responsibility to respect human rights

The European Commission has published guidance for the employment and recruitment sector on meeting the corporate responsibility to respect human rights under the UN Guiding Principles on Business and Human Rights (UNGPs). The guidance sets out the steps required under … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Cross-border

UK: New resources – March 2013

New publications guidance for small businesses on the Equality Act, and a guide to business and human rights (covering issues such as the right to privacy and confidentiality of customer and staff data), published by the Equality and Human Rights … Continue reading

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Filed under Jurisdiction: UK, Resources, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Enterprise and Regulatory Reform Bill: amendments to whistleblowing, financial penalties on employers, dismissal for political opinion/affiliation

The Government has proposed, and the House of Lords approved, a number of amendments to the Enterprise and Regulatory Reform Bill:  

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Filed under Jurisdiction: UK, Termination of employment, Whistleblowing

Political belief/affiliation: UK law in breach of human rights

UK law may need to be amended to protect employees from dismissal because of their political beliefs or affiliation. The European Court of Human Rights has ruled that a BNP bus driver's right to freedom of assembly was infringed by … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Unfair dismissal: ruling on prior warnings, human rights challenge rejected

Employers can rely on a current prior warning to support a dismissal for misconduct which would not justify dismissal on its own, even where the two instances of misconduct are not similar.  This is particularly so where the terms of the … Continue reading

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Filed under Jurisdiction: UK, Termination of employment