Caution over Human Rights Act

As the first claims based on the Human Rights Act 1998, introduced last month, start to be heard by the courts, a Canadian lawyer has urged unions to be cautious about how the new rights might operate.

At a recent conference held by the Institute of Employment Rights, law professor Judy Fudge said that in Canada, where similar legislation has been in place for some years, the courts have tended to interpret the law in a way that favours individual over collective action. If the UK judges operate in the same way there is even a risk that employment rights might become more restrictive as a result of the legislation.

Fudge says that in Canada every single claim brought by unions has been lost "with only one exception". However, the TUC is more confident that the new law will have "a radical and positive impact on UK laws and political culture", although it recognises that "there are also many limitations and dangers in relation to the incorporation of the Convention".

It is strongly advising unions to take strategic cases only and to use the Act mainly to strengthen the "human rights culture" in the workplace and as an aid to organising and recruitment activities.

Lecturers' union NATFHE is opening a new Equal Rights Unit, which general secretary Paul Mackney says will allow the union "to fully realise the new opportunities for equalities work afforded by the Human Rights Act".