21st April 2009, 08:45 PM
Quote:quote:Originally posted by peteraf
Employment law same as per trade union and you may get Article 8 Right to respect for private and family life
I would suggest that Article 8 of the Human Rights Act, 'Everyone has the right to respect for his private and family life, his home and his correspondence' has nothing to do with the activities of the IfA or local authorities employing staff or issuing contracts.
'Employment law same as trade union law' also has me stumped. The IfA is not a trade union, does not it act like a trade union and is not recognised (to the best of my knoweldge) by any local authority as a trade union. Employment law (as I stated earlier) clearly says that it is reaonable to discriminate by reason of qualification, skills or experience providing that such criteria are clearly stated in the job advert.
I suspect that there is no law specifically pertinent to this arrangement other than the appeal court ruling generally referred to as the 'Wednesbury Principles' that is that any discretionary action by a local authority must consider all factors and be patently fair in its application.
As applied to this case it might be considered unfair of a local authority to insist upon membership of the IfA if that excluded any non-member whose qualifications, skills and experience were obviously equal or greater than the level required for IfA membership
But its nothing to do with Trade Unions, Human Rights or employment law and if anyone thinks otherwise they are misinformed.
Afterthought: Oh and by the way add to that European Law as well....
With peace and consolation hath dismist, And calm of mind all passion spent...