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Corporates interested in the degree of regulatory oversight likely to operate in the UK post Brexit will be watching the ongoing review of the Human Rights Act 1998 (HRA) with interest. It may signal a dilution of the protections to individual rights contained in the HRA, including the commitments to observe rights in legislation and operation of public functions, as well as the ability to challenge failures to do so via the courts.

In R (Independent Workers’ Union of Great Britain) v The Secretary of State for Work and Pensions, the High Court upheld a claim brought by the IWGB union that the UK had failed to properly implement Articles 8(4) and (5) of the EU Health and Safety Framework Directive (89/391/EC) by limiting protection from detriment on health and safety grounds under section 44 of the Employment Rights Act (ERA) to employees. A copy of our update on that case can be found here