Battle with 'big brother' looms as human rights march on

Employment and privacy are two areas where legislation may be tested, says Jeremy Fleming

Following the introduction of the Human Rights Act 1998 last year, many practitioners in this field will be looking to see the Act bed down more fully this year.Of the many areas into which the Act will continue to impact, employment is likely to be the biggest.

Sara Leslie, head of the human rights and discrimination unit at Irwin Mitchell's London office, says one area where further clarification will be forthcoming is the vexed issue of whether sexual orientation can be included as part of sexual discrimination.

An employment tribunal in Scotland this year established this, but the case is now being appealed.

Ms Leslie says she would not be surprised if this case ends up in the House of Lords by the end of the year.Another area to watch, she predicts, is privacy in the workplace.

She says it is likely that there will be a challenge by employees working in the public sector, relating to electronic surveillance by their employers.There are, she says, a number of cases emerging from dismissals for improper use of the Internet that might raise this issue.

She also maintains that - depending on which public sector bodies find themselves caught up in an action - privacy may also come into conflict with the Official Secrets Act, which would make for an interesting battle.

Issues of privacy will certainly make for high-profile news in the City where security over information has been tightening.

Sales of anti-surveillance equipment went up last year, and Ms Leslie says: 'There is a wall of secrecy around City employees, who are scared to raise issues.' The issue of privacy will also be raised when judgment - expected early this month - is given in a case brought by Jon Venables and Robert Thompson, the killers of James Bulger.The two boys have sought permission for an injunction preventing the press from disclosing their identity and whereabouts when they are released from prison.

The case is a key showdown between the competing articles of the European Convention on Human Rights protecting privacy on the one hand, and freedom of expression on the other.

Another group under the spotlight is the victims of crime.

There is currently no clear remedy under existing common law for those bringing an action against the police for their failure to act, or their negligent acts.

This situation could change during the course of the year.

The European Court of Human Rights in Strasbourg has already established - in the Osman case of 1999 - that the UK police's immunity from civil suits is incompatible with the Convention.

A spokesman for Bhatt Murphy, London-based specialists in litigation against the police, said: 'We are looking forward to the stripping away of current blanket immunity of the police, in respect of negligence claims brought against them by victims of crime.'