Labour & European Law Review
02 March 2016
Following scores of complaints about discriminatory adverts, the Equality and Human Rights Commission has published a series of short guides and checklists for advertisers and publishers.
Although employees have a right to privacy under Article 8 of the European Convention on Human Rights, it is a qualified, not an absolute, right. So in Bărbulescu v Romania, the European Court of Human Rights decided that it was not a breach of an employee’s right to privacy for their employer to access their professional internet account.
Under the Equality Act 2010, claimants need to show that their comparator is in the same or similar situation to them, but do not have the protected characteristic they are complaining about. In Donkor v Royal Bank of Scotland the Employment Appeal Tribunal (EAT) held that tribunals must ask whether the less favourable treatment would have occurred “but for” that protected characteristic.