Articles in: Employment and Industrial Relations Law

Metrobus Ltd v Unite the Union

U appealed against an injunction preventing strike action which arose from non-compliance by U with statutory provisions in relation to pre-strike notices to the employer M. U argued the statutory provisions amounted to a disproportionate interference with U’s rights under Article 11. Court of Appeal rejected the appeal, holding the provisions to pursue a legitimate aim and to be proportionate.

Art. 11 Freedom of Assembly and Association, Employment and Industrial Relations Law

Fiona Davidson v Dallas McMillan

4 August 2009
This was an appeal from the Employment Appeal Tribunal. A tribunal involving allegations of sexual discrimination, and subject to a restricted reporting order, settled before the evidence was all heard. A journalist asked that the RRO be lifted. The respondents, a law firm, and the individual, B, accused of perpetrating the behaviour complained of, objected that she had …

Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Art. 10 Freedom of Expression, Discrimination Law, Employment and Industrial Relations Law

Pay v United Kingdom

 
A probation officer involved in the treatment of sex offenders was dismissed as a result of his connection with an organisation involved in bondage, domination and sadomasochism and an associated website. His activities took place in a club which was open to the public.  His dismissal engaged both Article 8 and Article 10 but was a proportionate measure in the …

Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Art. 10 Freedom of Expression, Art. 13 Effective Remedy, Art. 14 Prohibition of Discrimination, Discrimination Law, Employment and Industrial Relations Law

McCall v Scottish Ministers

the petitioner sought judicial review of the manner of introduction of the Criminal Legal Aid (Scotland) (Fees) (Amendment) Regulations 2005[1] which set the rates for counsels’ fees in the criminal courts. The Scottish Legal Aid Board purported to apply the new Regulations to all fees where the proceedings were concluded on or after 4 April 2005 which meant that, where …

Employment and Industrial Relations Law, Protocol 1, Art. 1 Right to Private Property

M v Chief Constable of Strathclyde

The pursuer, who obtained employment in a kitchen and restaurant at a centre frequented by children, sought to interdict the Chief Constable from disclosing information to his employer third parties to the effect that he had been questioned by police and subsequently charged with offences involving illegal sexual conduct with three young girls.

Art. 08 Right to Private and Family Life, Child & Family Law, Employment and Industrial Relations Law, Police Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.