Topic > The European Convention for the Protection of Human Rights

The European Convention for the 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 applied in 1953. Reason for the Convention introduced was aimed at preventing the repetition of events that occurred during the Second World War. The purpose of the Convention was to protect the rights of individuals against violations by the state. The Human Rights Act 1998 introduced treaty rights into UK domestic law on a limited basis. The law came into force on 2 October 2000. The Human Rights Act is intended to offer enormous protection to both private sector and public sector employees. This means that individuals can assert their Convention rights against the State in a UK court and no longer have to travel to Strasbourg. However, if national legislation is unambiguous and cannot be interpreted in accordance with the Convention, national statute takes precedence.1 It is unlawful for public authority to act in a manner inconsistent with Convention rights. There are situations where the court has decided that primary legislation is incompatible with Convention rights, which then leads to the issuing of a "declaration of compatibility". An Employment Tribunal cannot make a declaration of incompatibility, so employment cases must wait until they reach the Court of Appeal. The implementation of the Convention had many financial and practical implications. An example of this is the RV Admiralty Board of the Defense Council, exp.Lustig - Prean.2 “Public and fair hearing within a reasonable time by an independent and impartial tribunal established by law”. Article 6 concerns the right to a fair trial, the implications this article will have on employment law concern cases where the employee believes they have been unfairly dismissed by their public sector employer. It could be argued that the employment tribunal system constitutes a breach of Article 6, as demonstrated in the cases of Smith v Secretary for Trade and Industry3 and Scanfuture UK ltd v Secretary for State for Trade4 which led to