The Human Rights Act 1998 (HRA) has been in force since 2000 and seeks to give “further effect” to the rights and freedoms guaranteed under the European Convention of Human Rights.

Jones Cassidy Jones solicitors reviewed some interesting/recent cases and to highlight these with reference to Articles 6, 8 and 9.

The rights which workers are likely to rely on as being “engaged” are summarised as follows:-

* Article 6 – the right to a fair hearing;
* Article 8 – the right for private and family life;
* Article 9 - freedom of thought, conscience and religion;
* Article 10 – freedom of expression;
* Article 11 – freedom of assembly and association.

This focuses on the following cases:

* Kulkarni v Milton Keynes NHS Trust [2009] EWCA Civ 789
* Re Kieran Fitzsimons (judgment delivered 16/2/10)
* McGowan v Scottish Water [2005] IRLR 167
* Pay v Lancashire Probation Service [2009] IRLR 139
* McFarlane v Relate Avon Ltd [2010] IRLR 196