Facebook faux pas and disciplinary proceedings – when do human rights come in?

Smith v Trafford Housing Trust [2012] EWHC 3221 (Ch) – read judgment 

Turner v East Midlands Trains [2012] EWCA Civ 1470 – read judgment

Two employment cases, about Facebook and train tickets respectively, indicate the difficulties of deciding where human rights may or may not be raised in disputes between private parties – neither defendant in these cases was a public authority. 

It is perfectly clear that where there is a statutory provision under attack, Section 3 of the Human Rights Act mandates the “reading down” of its wording to conform to Convention rights even though there is no “public authority” amongst the parties to the litigation. The Turner case below illustrates this particular aspect of the “horizontal” effect of the HRA in disputes between private parties.

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