header-logo header-logo

HRA 1998: The end

24 July 2015 / Ben Collins , Nicola Newbegin
Issue: 7662 / Categories: Features , Human rights , Employment
printer mail-detail
nlj_7662_collins

What would the abolition of the Human Rights Act mean for employment lawyers? Ben Collins & Nicola Newbegin share their thoughts

The government has backed off from early legislation to abolish the Human Rights Act 1998 (HRA 1998) by omitting proposals for reform from the Queen’s Speech, instead merely stating that the government would “bring forward proposals for a British Bill of Rights”. However, there is no suggestion that the government has abandoned its plan entirely. What might the consequences of abandoning HRA 1998 be for the employment law community?

There is one school of thought which suggests that human rights add little to the protections offered by domestic and EU legislation on, eg, dismissal, discrimination and whistle blowing. Mummery LJ observed in Leach v Ofcom [2012] EWCA Civ 959, [2012] IRLR 839 that: “‘Human rights’ points rarely add anything much to the numerous detailed and valuable employment rights conferred on workers,” and Elias LJ cautioned in Turner v East Midlands Trains [2012] EWCA Civ 1470, [2013] 3 All ER

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll