Tribunals and the Human Rights Act

Where an employer is insolvent employees have the right to make a claim to the secretary of state for trade and industry in respect of redundancy and certain other pay that is due to them under their contracts. In the case of Smith v Secretary of State [2000] IRLR 6 the Employment Appeal Tribunal (EAT) considered whether employment tribunals are sufficiently impartial in cases involving claims made against the secretary of state because they are appointed and dismissed by and operate under rules drawn up by him. The issue was not resolved but the case suggests that the Human Rights Act will have an impact on employment rights, once its provisions are in force in October this year.