020 7387 2032

The Human Rights Act 1998 serves to incorporate the guarantees under the European Convention on Human Rights into UK domestic law, including the employment field. The Convention enshrines a range of rights relating to life, personal freedom, fair and impartial trials, private and family life, and freedoms of thought, conscience and religion and freedom of association. There is also a broad provision against discrimination on the basis of:

  • age
  • disability
  • gender reassignment
  • marriage and civil partnership
  • pregnancy
  • race
  • religion or belief
  • sex
  • sexual orientation.

The effect of the Human Rights Act 1998 is that individuals can bring claims in domestic courts against public bodies, including the police, education authorities, hospitals and local authorities, that their Convention rights have been violated. They can rely on the case law of the European Court of Human Rights.

In many cases a private entity will be performing a public function. This will usually include cases where a public authority procures a private entity to perform one of its functions. As a result, the private entity can also be subject to claims on the basis of Convention rights.

It is imperative to note that even if a private employer does not fall within either category, they can still be subject to claims under other statutory protections for employees, including the Equality Act 2010 and Data Protection Act 1998.

Inviolable and qualified rights

Certain rights, such as against torture and inhuman and degrading treatment, can never be justifiably infringed. These are known as inviolable rights. On the other hand, rights such as freedom of association, speech, liberty and religious adherence can be properly restricted if such measures satisfy the following:

  • Prescribed by law: the laws authorising the measure must be precise, certain, transparent and accessible to citizens. It must be foreseeable that one’s conduct is sanctionable. If a public authority is afforded discretion, the scope must be clearly spelled out.
  • Necessary in a democratic society: the measure must be one that is indispensable and in response to a pressing social need that would occur in a modern democracy.
  • Proportionate in light of the aim pursued: the measure must have been the least restrictive means of achieving the purported aim.
  • Fall within the state’s “margin of appreciation”: case law of the European Court of Human Rights has determined that states are afforded some leeway where there is a lack of Europe-wide consensus on an issue.


Under the Human Rights Act 1998, a court has the power to award monetary damages as “just satisfaction” for a breach of convention rights. A court can also strike down as incompatible with Convention rights any non-primary legislative acts and regulations.

Jurisdiction for claims

The provisions of the Human Rights Act 1998 extend to all persons present within the UK, including non-citizens and persons without lawful immigration status.

Employment Law - Information on Fees

For information on fees and funding relating to Employment Law cases, please see our information page.

Contact our Employment Law Solicitors Mayfair and throughout London Today

At Lewis Nedas, our Employment Law Solicitors have over 40 years ’ experience advising and representing national and international companies. Our Employment Lawyers have joined the Office Essential Network, which is a specialist organisation aimed at assisting young start-up businesses requiring advice on employment issues, including human rights claims.

To speak to one of our Employment Specialists, please call us on 020 7387 2032 or complete our online enquiry form.

key contacts

Please let us know your name.
Please let us know your email address.
Please enter a valid phone number
Invalid Input
Please let us know your message.
GDPR Agreement - I consent to the information supplied above to be stored on this website so that Lewis Nedas Law can respond to my enquiry.
Invalid Input

Top Ranked Lawyers: Legal 500 

Celebrating 40 years of practice in 2022, we are leaders in criminal defence, serious fraud, serious crime and many other areas of legal practice. We have been involved in many leading cases over the last 40+ years and are well known for our genuinely high acquittal rate and overall success rate. Please click the Legal 500 logo below for more information about our rankings.

We are happy to help

Get 24/7 Legal Advice, call

020 7387 2032

“I was put in touch with Lewis Nedas Law through a mutual friend and I was not disappointed. The team were nothing but straight forward, honest and realistic about the nature of my case and the expected outcome from the minute I got in contact and were willing to take over from the previous company at very short notice. With their unrivalled experience and expertise in their profession the outcome was even better than expected and I couldn’t recommend them enough.”

Accreditations and Awards

  • Legal 500 uk leading firm 2024
  • The Times Best Law Firms 2024
  • Legal 500 uk leading firm 2022 50x73
  • The Times Best Law Firms 2022
  • Google 5 stars