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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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