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Human rights act 1998 section 4
Great Britain Human Rights Act
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Recommended: Human rights act 1998 section 4
The European Convention for Protection of Human Rights and Fundamental
Freedoms is more commonly known as ‘the Convention’ was introduced by
the Council of Europe in 1950 and was then enforced in 1953. The
reason for the Convention being introduced was to prevent events which
occurred during the World War Two from occurring again. The aim of
the Convention was to protect individuals’ rights against
infringements by the state. The Human Rights Act 1998 developed
Convention rights into UK domestic law through a restricted basis, the
Act came into force on 2nd October 2000. Human Rights Act is set to
have an immense amount of protection for both private and public
sector employees. It means individuals can ascertain their Convention
rights against the state in a UK court and no longer have to go to
Strasbourg. However if domestic legislation is unambiguous and can
not be interpreted in accordance with Convention, the domestic statute
takes precedence.1 It’s unlawful for public authority to act in a way
which is incompatible with Convention rights. There are situations
were the court has decided that primary legislation is incompatible
with Convention rights which then leads to a ‘declaration of
compatibility’ being issued. An Employment Tribunal can not make a
declaration of incompatibility, therefore employment cases have to
wait until they have reached Court of Appeal. Enforcing the
Convention has had many financial and practical implications. An
example of this is R.V. Admiralty Board of the Defence council, exp.
Lustig - Prean.2 “Fair and public hearing within a reasonable time by
an independent and impartial tribunal established by law”. Article 6
is the right to a fair trial, the implications which this article will
have on employment law is in cases where employee’s feel they have
unfairly been dismissed by their public sector employer. It could be
argued that the employment tribunal system is a breach of Article 6,
which is demonstrated in Smith v Secretary for Trade and Industry3 and
in Scanfuture UK ltd v Secretary for State for Trade4 which led to the