When does an Employment Tribunal need to consider Human Rights arguments of its own motion? Cherrington v University of Derby [2026] EAT 107 and freedom of speech – UK Human Rights Blog
‘In Cherrington v University of Derby [2026] EAT 107, the Mr Justice Cavanagh in the Employment Appeal Tribunal (“EAT”) held that an Employment Tribunal (“ET”) was not obliged to consider the Appellant’s Article 10 ECHR right to freedom of expression of its own motion when deciding whether or not his dismissal was fair. His right to freedom of expression did not “shout out” from his case, and nor was the ET obliged to consider the ECHR “as a matter of course” in unfair dismissal complaints, or even particular species of unfair dismissal complaints.’
UK Human Rights Blog, 11th August 2026
Source: ukhumanrightsblog.com
