Lexis®Library update: It has invited written evidence on a series of questions relating to topics such as freedom of association and right to strike, the right to privacy, freedom of thought conscience and religion, labour market exploitation, retained EU Law, and international human rights treaties. The inquiry was launched on 10 February 2023 and will accept evidence until 24 March 2023. The JCHR has made it clear that this inquiry is separate from its legislative scrutiny of the Strikes (Minimum Service Levels) Bill.
The questions (and question heads) are as follows:
Freedom of association and the right to strike
• does the current law effectively protect the rights of trade unions and workers to take industrial action under Article 11 ECHR? Does the law effectively protect the right to strike for the purposes of other international human rights instruments, such as the International Covenant on Civil and Political Rights and the International Labour Organisation Conventions?
The right to privacy and surveillance at work
• what forms of surveillance, if any, that are used to monitor workers raise concerns under Article 8 of the European Convention on Human Rights (right to private and family life)? Are there any associated concerns under Article 14 (freedom from discrimination)?
• what is the legal framework in the UK that governs surveillance in the workplace?
• where surveillance is used to monitor workers, does the current legal framework adequately protect their Article 8 right to private and family life? If not, what changes need to be made to ensure it does?
Freedom of thought, conscience and religion and freedom of expression in the workplace
• does domestic law strike the right balance between workers’ Article 9 right to freedom of religion or belief and the rights of employers? If not, what changes are needed?
• does domestic law strike the right balance between workers’ Article 10 right to freedom of expression and the rights of employers? If not, what changes are needed?
• does domestic law provide adequate protection for the rights of workers to be free from harassment at work by third parties on account of their religion or beliefs?
Labour market exploitation
• what is the current legal and policy framework for tackling labour exploitation in the UK? Is that framework effective to protect workers’ rights under Article 4 ECHR, which prohibits slavery, servitude and forced or compulsory labour?
• are there any improvements that could be made to better tackle exploitative labour practices which are contrary to Article 4 in the UK?
• do workers from particular groups or in precarious employment disproportionately experience labour market exploitation? Does this raise concerns under Article 14 ECHR (freedom from discrimination)?
Retained EU Law and workers’ rights
• to what extent is the UK's compliance with its human rights obligations, in relation to the protection of workers, currently dependent on retained EU law?
International human rights treaties
• does the UK effectively comply with its international obligations to protect workers’ rights under the International Covenant on Civil and Political Rights, International Covenant on Economic and Social Rights, and International Labour Organisation Conventions? If not, what improvements should be made?
Those wishing to provide written evidence may do so via this link. The JCHR has also included a guide for those submitting written evidence, available here.
Sources:
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 17 February 2023 and is published with permission. Further information can be found at: www.lexisnexis.co.uk.
