ABSTRACT

Human Rights Act 1998 provides a general protection for a person's private and family life, home and correspondence from arbitrary interference by the State or any organ of the State. The requirement on public authorities to act compatibly with the convention is contained in the Human Rights Act 1998. Employers in the public sector are able to be sued directly under the Human Rights Act 1998 but employees in the private sector cannot sue directly under the Act. This right affects a large number of areas of life ranging from surveillance, monitoring private emails and correspondence to being permitted without discrimination to enjoy all the same rights as heterosexuals with regard to homosexuals, transsexuals and transvestites. Telephone calls made from business premises may be covered by notions of 'private life' and 'correspondence'. The tribunal had also erred in failing to ask whether a fair trial of the issues was still possible notwithstanding the letter of instruction.