Human rights in the workplace

Your human rights are protected by the law. If your employer is a public authority, they must follow the principles of the Human Rights Act.

The Human Rights Act

The Human Rights Act is based on the European Convention on Human Rights and adds protection for workers' rights and freedoms. Provisions within the Act deal with work-related matters.

If you work in the public sector, it's unlawful for your employer to violate your human rights under the Convention, unless an Act of Parliament means it has no choice.

If your employer isn't a public authority you can't make a claim against your employer for a breach of your human rights. However, human rights law has been incorporated into general employment law and applies to all employers, like the right not to be discriminated against because of your sexuality, for example.

Any decision by an Industrial Tribunal must follow the principles laid out in the Convention.

Human rights in the workplace

Many of the principles of the Human Rights Act are designed to protect you as a worker within the workplace.

For example, you have the right to a private and family life. So an employer who discriminates against a gay worker, for example, may be violating that worker's right to a private life.

Your employer has the right to monitor communications within the workplace as long as you're aware of the monitoring before it takes place. Monitoring can cover:

emails
internet access
telephone calls
data
images

You have the right to see any information held about you, like emails or CCTV footage.

Your right to a private life means you have the right to some privacy in the workplace. You can't be monitored everywhere. If your employer doesn't respect this, they'll be breaching human rights law (as well as United Kingdom law).

Drug testing and employee monitoring - more information

What to do next

If you believe your human rights at work have been breached, you should talk to your employer first.

If you're still unhappy, you can follow the internal grievance procedure in your contract or written statement of employment.

If that doesn't work, you may want to take legal action. Human rights law can be complex and so before doing this, you will need to take legal advice.

Where to get help

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online. Your local trade union may also be able to offer guidance and advice.