Employment law and the human rights act 1998

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Employment law and the human rights act 1998

Declan O'Dempsey ... [et al.]

Jordans, 2001

  • : pbk

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Includes index

Description and Table of Contents

Description

This work examines the impact that the new Human Rights Act will have on all areas of employment law and practice. It looks at the compatibility of current UK employment law with The European Convention on Human Rights, applying particular articles to common employment issues including: recruitment; discrimination and harassment; trade unions; terms and conditions; discipline at work and bullying; termination; employment tribunals and courts; confidentiality; and protection of personal data. Guidance is given on all areas including the potential impact on: individual employment law, of the rights to private and family life, free expression, religion, the right to a fair trial, the right not to be subjected to forced labour, and the right not to be subjected to inhuman or degrading treatment; collective employment law, where the law relating to trade unions and industrial action is examined, in light of Article 11 (Freedom of Assembly); and discrimination law, with the requirements of Article 14 (Prohibition of Discrimination) and previous decisions of the Court of Human Rights and European Court of Justice.

Table of Contents

  • The European Convention and the International Law of Human Rights
  • the Human Rights Act 1998
  • the application of the Convention in individual law and procedure
  • using the Human Rights Act in the context of employment law collective rights
  • discrimination
  • remedies, damages and funding.

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