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24 July 2015 / Ben Collins , Nicola Newbegin
Issue: 7662 / Categories: Features , Human rights , Employment
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HRA 1998: The end

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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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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