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The Case for a Human Rights Act Based Approach to Unfair Dismissals Engaging Convention Rights: Challenging Judicial Attitudes and Assessing Potential

Author:

Alex Shellum

About Alex

The author is a part-time BPTC student and Bedingfield Scholar of Gray’s Inn. Prior to commencing the BPTC, the author read for his BA in law at the University of Cambridge and then for an LLM, specialising in Human Rights Law, at the LSE, in which he was awarded a Distinction (2015 – 2016).

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Abstract

The protection which the law of unfair dismissal offers to those dismissed in circumstances which engage their rights under the European Convention on Human Rights is anaemic. In such circumstances, judges continue to take a deferential approach to managerial discretion. This paper seeks to make the argument that judges should apply the same rigorous standards in unfair dismissal cases as they do in public law under the Human Rights Act. In doing so, the author challenges prevailing judicial attitudes in labour law, including a critical treatment of the judgment in Turner v East Midlands Trains, and assesses the impact that a genuine Human Rights Act based approach would have on this area.

How to Cite: Shellum, A., 2017. The Case for a Human Rights Act Based Approach to Unfair Dismissals Engaging Convention Rights: Challenging Judicial Attitudes and Assessing Potential. LSE Law Review, 2, pp.1–23.
Published on 01 Jun 2017.
Peer Reviewed

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