The Act is not directly enforceable against non public sector employers, but it does however affect public authorities in which courts and tribunals are included. This means that courts and tribunals have to interpret the law subject to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Listed are the likely ways in which the convention will affect non public sector employers.
Unfair and constructive dismissal
In making a claim the employee has not only all their UK rights in law but those of the Convention as well. A tribunal may view a previously acceptable reason for dismissal now a contravening a Convention right.
The correct term for this is: Right to respect for private and family life. In general, things that may invade a persons privacy, like CCTV for security, monitoring telephone calls and searching, could contravene the Convention. These or similar actions should only be taken when necessary, by the least restrictive and intrusive method, after advising employees of the actions to be taken etc.
The list of ways in which a persons privacy may be invaded and the things that have to be done so as not to contravene the Convention is a long one.
Freedom of thought, conscience and religion
Race and religion, which often go hand in hand, is covered by the Race Relations Act, however, the Convention extends this protection to cover discrimination on the grounds of religious belief.
An employee is free to express their views, opinions and political preferences without fear of discrimination. The employer has the difficult job of judging, for instance, when an employees actions as a result of their freedom of speech goes against their duty of loyalty to their employer. It is likely to be legitimate for an employer to restrict freedom of speech to protect confidential information or his business reputation.
Freedom of assembly and association
This can include the right to join a trade union, and the right to refuse to join a trade union.
A litigant in an employment dispute is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Employment Tribunals have to comply with this requirement.
