Workplace and breach of human rights?
Hi, I have a business law assignment and can't find the right information! If an employee thinks his employer is breaking his/her human rights (through harassment, discrimination, forced work etc), where do they go in the first instance? Do they look for a mediator between them and employer? Do they go straight to court? What court do they go to? I need to know where they have to go before they can present the case before The Equality and Human Rights Commission and European Commission of Human Rights. I'm looking at the human rights aspect rather than emplyment law aspect. Any hints please???
With respect to Human Rights (HRA 1998) this is only applicable to public sector bodies such as a council or the NHS if an employee of one of these bodies felt that their human rights had been breached then they would present a claim to an industrial tribunal, non employees (eg customers) would present a complaint to the Equalities and Human Rights Commission) who would have the power to investigate the complaint and to issue a prohibition order against the organisation, the European Court for Human Rights only hears claims for breaches of the Convention on Human Rights (as enacted in the UK by Human Rights Act 1998) so would be unlikely to hear a complaint before it had been through the UK judiciary (as far as the House of Lords). hope that helps
Recommended Reading
- Business Conflict Resolution Explained
- Mediation: A Better Way of Doing Business Part 2
- Mediation: A Better Way of Doing Business Part 3
- Family Business Mediators Are Third Party Conflict Resolution Providers
- Personal Injury Attorney, Business Litigation in Woodland Hills CA 91367
- My child is afraid of her father, my Ex (ridiculously long but please help)?
- The Complete Guide to Conflict Resolution in the Workplace
Most companies of any size will have an EEO staff member. It will most likely be someone in HR. That is the first person to go to. Because it is assumed that the company should be given a chance to correct the problem unless it is extreme.
If resolution is not made, then a mediator can be involved. Then up and up. This would be different though if the business was a mom and pop type or small business where they don't have a HR dept.
Under EEO laws, companies of certain sizes also must have plans developed with the steps to take. They also need to have the information posted where employees can see it. There are also retaliation laws to protect people if they file a complaint.
References :
The first place to go when one feels his employer is breaching their work place rights is the company's Human Resources Department. If there's not one, consult with an attorney that specializes in labor law.
References :
The Labor board in the state where the employee works. And of course the EEOC.
References :
With respect to Human Rights (HRA 1998) this is only applicable to public sector bodies such as a council or the NHS if an employee of one of these bodies felt that their human rights had been breached then they would present a claim to an industrial tribunal, non employees (eg customers) would present a complaint to the Equalities and Human Rights Commission) who would have the power to investigate the complaint and to issue a prohibition order against the organisation, the European Court for Human Rights only hears claims for breaches of the Convention on Human Rights (as enacted in the UK by Human Rights Act 1998) so would be unlikely to hear a complaint before it had been through the UK judiciary (as far as the House of Lords). hope that helps
References :