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The Human Rights Act

The Human Rights Act is based on the European Convention on Human Rights and adds protection for workers' rights and freedoms. Provisions within the Act deal with work-related matters.

If you work in the public sector, it's unlawful for your employer to violate your human rights under the Convention, unless an Act of Parliament means it has no choice.

If your employer isn't a public authority you can't make a claim against your employer for breach of your human rights. However, human rights law has been incorporated into general employment law (for example, not to be discriminated against because of your sexuality) and applies to all employers.

Any decision by an Employment Tribunal must follow the principles laid out in the Convention.

• Human rights (government, citizens and rights section)

Human rights at work

Many of the principles of the Human Rights Act are designed to protect you as a worker within the workplace.

For example, you have the right to a private and family life. So an employer who discriminates against a gay worker, for example, may be violating that worker's right to a private life.

Your employer has the right to monitor communications within the workplace as long as you are aware of the monitoring before it takes place. Monitoring can cover:

You have the right to see any information held about you (for example, emails or CCTV footage).

Your right to a private life means you have the right to some privacy in the workplace. You can't be monitored everywhere. If your employer doesn't respect this, they will be breaching human rights law (as well as UK law).

• Drug testing and employee monitoring

What to do next

If you believe your human rights at work have been breached, you should talk to your employer first. If you are still unhappy, you can follow the internal grievance procedure in your contract or written statement of employment.

• How to resolve a problem at work

• Raising a grievance at work

• Employment contracts

If that doesn't work, you may want to take legal action. Human rights law can be complex and so before doing this, you will need to take legal advice.

• Find a solicitor or advice agency

Where to get help

For more information on where to get help with employment issues visit the employment contacts page or find out more about trade unions.

• Employment contacts

• Joining a trade union

More useful links

• Advice for employers on monitoring and security of staff from Business Link Opens new window

• Information on Data Protection from the Information Commissioner's office Opens new window