The Joint Committee on Human Rights has launched a new inquiry to
examine how human rights are protected at work.
Work is a central aspect of people’s live as it often provides
their principal source of income and can provide a sense of
purpose. Employment can also contribute to an individual’s
feelings of self-respect and dignity. However, the world of work
has also been recognised as involving an imbalance of power
between employer and workers This imbalance can lead to
exploitation, discrimination and other harmful practices.
States have an obligation to protect workers from breaches of
their human rights. This can include ensuring employers don’t
interfere with their worker’s freedom of association, for example
by preventing them from joining a trade union. States also have
an obligation to ensure workers aren’t subject to surveillance
and workplace monitoring that amounts to a breach of their right
to private and family life.
There are a large number of laws and regulations that protect
rights at work. This inquiry will specifically look at how the
universal protections guaranteed in the European Convention on
Human Rights apply to the world of work and the rights of
workers.
The Committee is undertaking a separate piece of work providing
legislative scrutiny of the Strikes (Minimum Service Levels)
Bill.
Chair's comments
KC MP said:
“Employment often has an inherent power imbalance that can leave
workers vulnerable to exploitation or discrimination. There is an
obligation on the Government to ensure that there is a
comprehensive framework in place that ensure the rights enshrined
in the European Convention on Human Rights are protected at
work.
The Joint Committee on Human Rights has launched this inquiry to
understand how rights are currently protected at work and
pinpoint where greater safeguards may be needed.”
Terms of reference
The Committee invites written evidence on the
following questions. The deadline for submitting written evidence
is 24 March 2023. Please note, your
submission does not need to address every question in the terms
of reference. Find out how to submit
evidence here.
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?
Written evidence
Closing date for written submissions is 24 March
2023. Submit written evidence here.
