Taking Human Rights Seriously at Work: The Past, Present and Future of Employment Law

Abstract Human rights are increasingly adopted as a perspective on employment law and the regulation of work. Yet there remains a lack of clarity over key questions such as how the relationship between employment law and human rights should be understood, why human rights law has had limited impact in this context and whether/how it might more effectively advance workers’ interests. This article uses the academic writings and judicial decisions of Sir Patrick Elias as a lens through which to consider these issues. It makes three central contributions, relating, respectively, to the past, present and future of employment law and human rights. First, it is suggested that employment law be reimagined so that human rights are a central and foundational concern, with a core goal of employment law being to ensure that human rights are taken seriously at work. Second, by reference to Elias’ scholarship and leading decisions, the article identifies the systemic barriers that mainstream interpretations of human rights law create to the protection of workers’ human rights. Finally, the article outlines potential future applications of human rights law in the employment context which, together, would represent a significant step towards a more comprehensive framework for protecting workers, that takes human rights seriously at work.