The European Convention on Human Rights (ECHR) is an international treaty established to protect and promote human rights and fundamental freedoms in Europe. The ECHR applies to all 47 member states of the Council of Europe, including the United Kingdom.
The purpose of this article is to explore the potential impact of the UK leaving the ECHR on employment rights. These are the rights that provide essential protection to ensure fair treatment for workers in the workplace, and the UK leaving the ECHR could lead to significant changes in the protection of employment rights, which, in turn, could have far-reaching implications for employees in the UK and their rights at work.
What is the ECHR?
The ECHR is a treaty that was established in 1953 by the Council of Europe. The treaty’s purpose is to protect and promote human rights and fundamental freedoms in Europe. The ECHR is considered a cornerstone of human rights protection in Europe and is legally binding on all 47 member states of the Council of Europe.
In the UK, the ECHR is incorporated into domestic law through the Human Rights Act 1998. This means that individuals have the right to bring a claim in the UK courts if their rights under the ECHR have been violated. The ECHR is also enforceable by the European Court of Human Rights (ECtHR), which is an international court that hears cases brought by individuals against member states of the Council of Europe.
The ECHR provides protections for a wide range of employment rights, including:
- the right to fair and just working conditions
- the right to form and join trade unions
- the right to strike
- the right to protection against discrimination in employment.
These protections ensure that individuals are treated fairly and equitably in the workplace and that their human rights are respected and upheld.
How Could the UK Leaving the ECHR Affect My Rights at Work?
First of all, it’s important to know that right now, your rights after an accident at work have not changed. If you are seeking compensation for an employer’s negligence, then you should continue to speak with a legal professional with experience in personal injury claims.
However, should the UK decide to leave the ECHR, then there could be significant implications for employment rights. Without the protection of the ECHR, UK workers may lose important employment rights protections that are currently provided under the treaty. This could lead to a situation where UK workers have fewer protections and are more vulnerable to exploitation and mistreatment in the workplace.
Two key examples of this would be the removal of the right to bring claims to the ECtHR and the weakening of the freedom of association.
Removal of the Right to Bring Claims to the ECtHR
One of the key implications is that it would remove the possibility of individuals bringing claims before the ECtHR. This means that if an individual’s rights under the ECHR were violated, they would no longer be able to seek recourse through the international court system. Instead, individuals would need to rely on domestic UK law to enforce their rights, which may not be as effective as the protections provided under the ECHR.
Weakening of the Freedom of Association
Another example is the right to freedom of association, which is protected under the ECHR. This right ensures that individuals have the freedom to join trade unions and participate in collective bargaining. Leaving the ECHR could lead to a situation where trade unions have less protection, which could weaken their bargaining power and lead to less favorable employment conditions for workers.
What are the Potential Alternative Protections for Employment Rights?
If the UK were to leave the ECHR, there are still alternative protections for employment rights (rights at work), that could be put in place.
Amendment of Domestic Law
the UK could choose to incorporate the protections of the ECHR into domestic law without being bound by the treaty. This would require the UK to pass legislation to enshrine these rights in domestic law, which would provide individuals with legal recourse in the UK courts.
Negotiate a Separate Treaty
Another potential alternative is for the UK to negotiate a separate treaty with the Council of Europe that would provide similar protections to the ECHR. This would require the UK to negotiate with the other member states of the Council of Europe to ensure that the new treaty provides the same level of protection as the ECHR.
Association with Other International Treaties
Additionally, the UK could choose to rely on other international treaties to protect employment rights, such as the International Labour Organization’s (ILO) conventions. The ILO is a United Nations agency that promotes social justice and promotes decent working conditions. The ILO has adopted a number of conventions that provide protections for workers, such as the Right to Organize and Collective Bargaining Convention and the Discrimination (Employment and Occupation) Convention.
The Situation in 2023
Right now, at the start of 2023, Conservative MPs are pushing the UK Prime Minister, Rishi Sunak, to leave the European Court of Human Rights. One of the key reasons for this move is to implement new legislation to curb migration. This would ban anyone from coming to the UK irregularly from applying for asylum and would then give the UK the right to deport them as soon as possible.
So, while the emphasis is on reducing the number of people entering the UK, there are also likely to be implications for employment legislation. The UK made a declaration in 2019 that highlights the UK’s ongoing commitment to respect the framework of the ECHR. However, The Brexit Trade Agreement makes no specific mention of the ECHR, and the wording is very vague with regard to an ongoing commitment to its ethos.
That means that the UK’s ongoing commitment to the ECHR is uncertain, with nothing to prevent the UK from withdrawing from or limiting the application of the ECHR.
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