THE HUMAN RIGHT ACT 1998

The Human Rights Act gives you additional protection at work, but can only be used as part of a complaint under employment or discrimination law. It also gives you general rights as a citizen. Drawn from the European Convention on Human Rights Act is made up of 'absolute' right and 'qualified rights' Both are expressed in general terms, so it is sometimes difficult to predict precisely how the courts will interpret them. However, the likely implications of the Act in the workplace flow from its rights to privacy, association and freedom of expression.

The data protection rules have had to take account of rights of privacy. For example, the interception of telephone calls for some limited reasons is generally only allowed under the interception of communications regulations 2000 if potential users of the phone system have been informed that they might be intercepted. This would not stop your employer from checking what calls you had made or recording calls, for example for training purposes, but they could not listen in on them.

The right to free underpins the right to join a trade union and take part in trade union activities. It gives you the right of freedom of expression (subject to defamation laws and the provision of the Race Relation Act). It also strengthens the rights to a fair hearing in court or tribunal.