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Privacy and Employment Law

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ISBN13: 9781841130590
ISBN: 1841130591
Published: November 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £72.00



Despatched in 6 to 8 days.

Workplace privacy is not simply a theoretical legal issue, but is a matter of basic human dignity. Employers in a number of countries are reportedly deploying ""human resource policies"" which may or may not be illegal. In many cases they are not at present unlawful, though they may reflect dubious management practices.

These policies include drug testing of employees, surveillance of staff and their communications, attempts to censor the freedom of speech of employees, psychometric or personality testing, and requirements to provide intimate health information irrelevant to work in order to obtain employment or promotion.;This work examines in detail the emergence of these policies in the modern employment context and the gradually developing legal response.

Adopting a human rights perspective, the author demonstrates that several legal systems are now transposing human rights law from the public sphere into the employment relationship in order to protect the individual rights of job candidates and employees. The human right of privacy is one of the cornerstone rights recognized in the employment context and is the focus of this book.

The book deals with the law as it stands in the UK, France, the USA and Canada, and includes an analysis of the potential impact of the Human Rights Act 1999.

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Subjects:
Employment Law
Contents:
Introduction: the evolution of labour and human rights law in the United Kingdom
workplace privacy law in the United Kingdom - background. The right of privacy and competing interests in the employment context: introduction
the prevalence of privacy-invasive management practices
defining privacy and applying it in the workplace context
placing value on the private interests of workers
the interests of employers and the public which may justify limiting worker privacy
conclusions. Labour law and the right of privacy: introduction
management and organisation theory as a starting point
competing approaches within labour law
conclusions. Privacy in the workplace in the United States: introduction
comparative labour law and the right of privacy
workplace privacy law in the United States
conclusions. Privacy in the workplace in France: introduction
background - the right of privacy in French law
the general right of privacy in French labour law
specific provisions of French labour law protecting the right of privacy
institutional and procedural features unique to French law
conclusions. Privacy in the workplace in Canada: introduction
background - Canadian employment law
the right of privacy in Canada
workplace privacy protection in the public sector workplace
workplace privacy protection in the private sector workplace
conclusions. Seven legal principles: introduction - convergence, divergence and harmonization
legal principles for the protection of the right of privacy in the workplace
conclusions. Employment drug testing: introduction
competing policy approaches to controlling drugs
forms of drug testing policies
methods and limitations of drug testing
the impact of drug testing on private interests
justifications for drug testing
reconciling candidate/employee, employer and public interests
ensuring that the least restrictive means are adopted (principle 6)
conclusions - a law governing employment drug testing. Employment genetic testing: introduction
the science of genetics and the human genome project
testing for genetic conditions
genetic testing in the workplace
the impact of genetic testing on private interests
justifications for workplace genetic testing
reconciling candidate/employee, employer and public interests
ensuring that the least restrictive means are adopted (principle 6)
conclusions - a law governing employment genetic testing. The emerging law of workplace privacy in the United Kingdom: introduction
privacy and labour law in the United Kingdom
incorporation of the European convention on human rights
implementation of the European directive on data protection
Conclusions.