Private Life and Dismissal: Pay v UK

Industrial Law Journal, Vol. 38, p. 133, 2009

5 Pages Posted: 12 Jul 2009 Last revised: 2 Sep 2010

See all articles by Hugh Collins

Hugh Collins

London School of Economics - Law School

Virginia Mantouvalou

University College London - Faculty of Law

Date Written: March 1, 2009

Abstract

After seven years of litigation, including four trips to the English Court of Appeal, an admissibility decision of the European Court of Human Rights (ECtHR) has finally ended Mr Pay’s hopes of a successful claim for unfair dismissal. The legal significance of these proceedings concerns the interpretation of Article 8 of the European Convention of Human Rights (ECHR), the right to respect for private life, in the context of an employment dispute. We argue that the decision of the ECtHR casts considerable doubt on the correctness of the interpretation that has been placed on the right to privacy by the Court of Appeal in the context of claims for unfair dismissal. The correct interpretation of the provision leads, on our view, to a standard of protection in dismissal higher than the current test of reasonableness that courts and tribunals employ.

Keywords: right to private life, dismissal, off-duty conduct, European Convention on Human Rights

JEL Classification: K1, K31

Suggested Citation

Collins, Hugh and Mantouvalou, Virginia, Private Life and Dismissal: Pay v UK (March 1, 2009). Industrial Law Journal, Vol. 38, p. 133, 2009, Available at SSRN: https://ssrn.com/abstract=1432102

Hugh Collins

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Virginia Mantouvalou (Contact Author)

University College London - Faculty of Law ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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