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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll