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Analysis of the Statement - Private Life Should Mean What It Says Essay Example

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Analysis of the Statement - Private Life Should Mean What It Says

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Analysis of the Statement - Private Life Should Mean What It Says. Ms Wyham to whom the matter was referred to, commented that the important issue is “whether or not as a public servant, and as a member of a criminal justice organisation working with sex offenders and other vulnerable groups, Mr Pays activities in his private life, as depicted on the Internet are commensurate with his role as a probation officer and the public trust in him”. She noted that there might be an effect as to Mr Pay’s disclosure of his relationship to Roissy especially “on victims who looked to the Probation Service for help” (Pay v Lancashire Probation Service [2003]). She stated that such website information may be ‘badly misinterpreted’”

(Pay v Lancashire Probation Service [2003]).“The Panel regards the nature of the actions shown in the photographs presented and Mr Pays participation in those acts, and also the advertising material for Roissy Workshops Ltd, as incompatible with the role and responsibilities of a Probation Officer. The Panel further takes the view that involvement in such activities by Mr Pay is additionally inappropriate, having regard to his work with sex offenders. The Panel shares the view of the previous Panel … that the Probation Service has a responsibility to the public to demonstrate the integrity of its officers, and that public knowledge of Mr Pays activities would damage the reputation of the Service. The Panel does not accept that the decision to dismiss Mr Pay constitutes an infringement of his rights within the Human Rights Act 1998. The Panel note that Articles 8 and 10 … are qualified rights, and that due regard must be had to the protection of health or morals, and the protection of the rights and freedom of others. The Panel has deliberated upon the argument put forward on Mr Pays behalf that the Probation Service should have considered alternative employment for Mr Pay within the Service. The Panel, however, took the view that any such proposal was inappropriate, given its conclusion that the activities of Mr Pay had been found to be incompatible with the role of any Probation Officer”. Analysis of the Statement - Private Life Should Mean What It Says.

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References

Brown, Edward (2008). “Facebook: Workplace Policies and Privacy Issues.” Employment Lawyers Association Briefing, April 2008.

Buxton, Richard (2000). “The Human Rights Act and Private Law.” Law Quarterly Review, 2000, 116(Jan), 48-65.

Christie, David (2009). “Online Profiles and Unfair Dismissal.” Employment Law Bulletin, 2009, 94(Dec), 2-4.

Collins, Hugh (2006). “The Protection of Civil Liberties in the Workplace.” Modern Law Review, volume 69, 619.

Copsey v WBB Devon Clays Ltd ([2005] EWCA Civ 932, [2005] ICR 1789; petition refused [2006] ICR 205, HL).

Delaney, Alan (2008). “Online Misconduct.” Employment Law Bulletin, 2008, 84(Apr), 4-5.

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Hadjioannou v Coral Casinos Ltd [1981] I.R.L.R. 352.

Laskey v United Kingdom (1997) 24 EHRR 39.

Matthewson v R B Wilson Dental Laboratory Ltd [1988] I.R.L.R. 512).

Mantouvalou, Virginia (2008). “Human Rights and Unfair Dismissal: Private Acts in Public Spaces.” Modern Law Review 2008, 71 (6), 912.

Mantouvalou, Virginia (2009). “Private Life and Dismissal.” Industrial Law Journal, 2009, 38(1), 133-138.

Oliver, Dawn (2000). “The Human Rights Act and Public Law/Private Law Divides.” European Human Rights Law Review, Issue 4, 343.

Pay v Lancashire Probation Service ([2003] UKEAT 1224_02_2910 (29 October 2003).

Pay v Lancashire Probation Service [2004] I.R.L.R. 129.

Pay v UK [2008] EHRR 1007; [2009] I.R.L.R. 139.

PG and JH v United Kingdom, Reports of Judgments and Decisions 2001-IX, p 195.

Vickers, Lucy (2004). “Unfair Dismissal and Human Rights.” 33 Industrial Law Journal, volume 33 (1), 52-58.

Von Hannover v Germany (App. No 59320/00, Judgment of 24 June 2004).

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preview essay on Analysis of the Statement - Private Life Should Mean What It Says
  • Pages: 20 (5000 words)
  • Document Type: Essay
  • Subject: Law
  • Level: Undergraduate
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