An Emerging Human Right to Protection against Unjustified Dismissal

Abstract

Although a right to protection against unjustified dismissal is not widely recognised in human rights law, the European Court of Human Rights has begun to use Article 8 of the European Convention of Human Rights to develop a general right based on the adverse consequences to ordinary private life caused by an unjustified dismissal. Instead of requiring the employer's reason for the dismissal to be connected to an aspect of an employee's private and family life in order to engage Article 8, the Court's new, broader approach focuses on major adverse effects or consequences caused by dismissals to an employee's family life, personal and professional relationships, to self-respect, and to their chosen way of life and career. The consequence-based approach permits the application of Article 8 whatever reason the employer puts forward for the dismissal. The article assesses the extent and limits of the protection against unjustified dismissal under the Convention as a result primarily of this extension from a reason-based approach to a consequence-based approach to Article 8, an approach that was confirmed by the Grand Chamber in Denisov v Ukraine.