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The wrong trousers
continued from page 1
These are the rights most relevant to the workplace, with examples of how they could apply:
These are the rights most relevant to the workplace, with examples of how they could apply:
- Freedom from degrading treatment (Article 3) you could claim degrading treatment if youre harassed at work, or made to work in a place where, for instance, your colleagues email porn to you.
- Prohibition on slavery and forced labour (Article 4) this could apply if youre made to work excessive hours (though successful cases in this area are very rare, if not non-existent).
- Right to a fair trial (Article 6) this may be useful if your company doesnt operate a disciplinary policy or denies you the opportunity to be represented at a hearing.
- Right to respect for private and family life (Article 8) this could apply in relation to surveillance at work, or discrimination on the basis that youre a working mother.
- Freedom of thought, conscience and religion (Article 9) you might have a claim if youre made to work on Sundays or religious holidays (though there have been few successful cases).
- Freedom of expression (Article 10) the dress code issue.
- Freedom of assembly and association (Article 11) this could be helpful if youre denied the right to join a trade union.
- Prohibition on discrimination (Article 12) speaks for itself, though bear in mind that this isnt a free standing right: the Act simply says that all the other Articles must be applied without discrimination.
These rights could have a massive impact in the workplace. The dress code issue: does it infringe your right to freedom of expression? Youre gay: can your boss get away with those jokes at your expense any longer, or do you have rights under Articles 8 and 12? You know your boss is monitoring your emails and suspect he may be listening in to your phone calls too: can you use Article 8 and claim theres been a breach of your privacy? Youre obliged to work on Saturdays so you cant get to synagogue: can you argue that invades your right to freedom of religion? Sounds great and in some cases the answer may well be yes. But, like all things legal, its not that simple.
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