Can we use Human Rights Act

[michellecorlett2005]

Hi
Does anyone know if the Human Rights Act can be used against a former employer. Briefly my partner was forced to hand in his resignation following a lengthy disciplinary procedure with allegations made that were completely ridiculous and manufactured by his boss and his wife due to my partner putting in a grievance for harrassment and bullying behaviour. Now I have been looking around the internet and found a couple of items re the HRA, one is Right to a fair trial (his disciplinary hearing was not fair and completely one sided despite massive discrepancies in evidence and was never upheld) and Right to respect for private and family life (his boss persistently questioned him on the fact that I lived in one part of the uk whilst he worked in another). My thoughts are that he was being obtrusive in his questioning regarding our family circumstances and that this should never have been questioned or raised as an issue at any point during his employment. there is also something else Article 3, which really refers to torture/inhuman or degrading treatment or punishment, could bullying and excessive punishment for trivial matters maybe come under this (i.e extended 3 month probation for not wearing a tie)

Any thoughts or help would be greatly appreciated. Unfortunately the company he worked for strung out providing him with any opportunity to go for a tribunial within the set time limits, so now is a case of finding where else we can get results and ultimately clear his name of the serious allegations made against him

cheers
Michelle

[Jemms00]

Hi Michelle, if I was you I would look into something I am exploring. Read cases under The Protection from Harassment Act 1997. You'd have to take the it through the courts but there have been some bullying cases that have won under this Act. Read the links in the thread I posted:

Taking employers to the civil court

Hope this helps, and do let me know if you find a good solicitor. x

[michellecorlett2005]

HI, thats brill, had a look at your thread, will keep in mind and read the act a bit more in depth. Will let you know if find solicitor
MIchelle