Podcast Location:
Download it here [file size: 23 MB]
Categories:
Employment Law
Human Rights, Civil Liberties & Public Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to familiarise the listener with the concept of employee privacy and the extent of an employer’s right to pry. It will look at the legal framework, especially the Strasbourg case law which has become particularly influential after the enactment of the Human Rights Act 1998. The podcast also looks to the future to see where the law might develop.

Outcomes:
After completing the course you will:
  • Be aware of the circumstances in which issues of privacy might arise;
  • Understand the scope of the Article 8 right to privacy;
  • Be aware of the points of contrast between the UK approach and the Convention Court;
  • Know what steps an employer should take to maximise their right to encroach upon the right to privacy in Article 8;
  • Be aware of the relevant case law in this area;
  • Understand the role and limitations of the Data Protection Act 1998;
  • Understand circumstances in which an employee will have a ‘reasonable expectation of privacy’.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Human Rights Act 1998 SS 3, 6;
  • European Convention on Human Rights Art 8(1), 8(2);
  • Data Protection Act 1998;
  • Regulation of Investigatory Powers Act 2000;
  • Niemietz v Germany (1992) 16 EHRR 97;
  • Halford V the United Kingdom - 20605/92 [1997] ECHR 32;
  • Pay v Lancashire Probation Service [2004] ICR 187;
  • McGowan v Scottish Water [2005] IRLR 167;
  • Wainwright v The Home Office [2004];
  • X v Y [2004] ICR 1634;
  • Dudgeon v United Kingdom 1981;
  • Campbell v MGN Limited [2004] UKHL 22;
  • R v Rooney (Jacqueline Mary) [2006] EWCA Crim 1841.
Tags:

This podcast is about the extent of an employee’s right to privacy in a work environment and the limits on an employer's right to ‘check up’ on employees and enquire about their personal lives under the pretext of looking after the interests of the business.

Podcast added: 02/10/10

Podcast last reviewed: 2011-09-30

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