The Conservatives’ plan to leave the ECHR is an attack on workers' rights

At their upcoming party conference, Tory leader Kemi Badenoch is expected to unveil plans that would see Britain exit the ECHR. This marks a dangerous escalation from the rhetoric from senior Conservatives like Robert Jenrick and Suella Braverman, who have long scapegoated the ECHR for holding them to account for their hardline agenda.

But let’s be clear: this isn’t about migration. It’s about dismantling the legal protections that ordinary people rely on every day. We can’t cherry-pick which parts of the ECHR we want to enforce. If we allow governments to undermine protections for one group, then we open the door for all rights to be stripped back on a whim.

Workers’ rights are human rights

The ECHR underpins many of the rights that protect workers in the UK. Through its incorporation into domestic law via the Human Rights Act, it guarantees key workers’ rights principles like:

• The prohibition of slavery and forced labour

• The right to a fair trial

• The right to privacy and family life

• Freedom of association (including the right to join a union)

• Protection from discrimination

These aren’t abstract legal concepts. They’re the foundation of rights that trade unions and working people have fought for and won over decades. From defending workers against intrusive surveillance at work, from discrimination because of sexual orientation, and protecting workers against modern slavery, the ECHR has been a crucial tool in holding employers and the state to account.

Leaving the ECHR would strip away access to justice and leave workers more vulnerable to exploitation, discrimination, and abuse.

Case study - Secretary of State for Business and Trade v Mercer

Fiona Mercer was a support worker and workplace rep in the care sector. She worked in a bungalow with three adults with learning difficulties who required 24/7 care. This often involved working long 15-hour ‘sleep-in’ shifts. When her employer announced plans to cut payments to care staff working sleep-in shifts across the region she fought back by planning and taking part in lawful industrial action.

Fiona was suspended in the middle of the strike action after being singled out by her employer. Her union, UNISON, brought a claim that she suffered detrimental treatment for her union activity. In the UK, there’s no express statutory protection in domestic law against action short of dismissal taken by an employer for participation in lawful strike action.

This is where the ECHR came in. The UK Supreme Court found that UK law left the country in breach of its ECHR obligations under the right of freedom of assembly and association, because it undermined industrial action. Since this judgment, the current Labour government has sought to close this gap through the Employment Rights Bill by making sure that workers are protected from detriment when taking industrial action.

International isolation and reputational damage

Leaving the ECHR echoes the worst instincts of the populist right: scapegoating international institutions and disregarding the rule of law. If the UK leaves the ECHR, it would join Russia and Belarus as the only European countries outside the Convention. That’s not the company we should be keeping.

Leaving the ECHR would be a threat to stability on the island of Ireland. The Good Friday Agreement is underpinned by UK membership of the ECHR. It was a historic achievement, with trade unions having played a critical role in their support.  Commitment to internationally-agreed human rights standards has cross-community importance and is integral to ensuring lasting peace. This is an achievement we should be proud of, not seek to undermine.

A distraction from real problems

Leaving the ECHR won’t help us address the real problems the UK is facing. The barriers to effective migration policy are the lack of safe routes, poor planning, and a failure to properly process claims. We need grown-up, humane and practical solutions to these challenges. Opting out of international laws the UK helped write is reckless.

At a time when the far right is on the rise, with senior politicians positioning themselves against the trade union movement, it’s more important than ever that we don’t throw our essential protections under the bus. This would gift a blank cheque to those who’d use the lack of rights protections to launch an assault on workers’ rights.

Stand up for rights, not roll them back

The Conservatives’ proposal to leave the ECHR is a dangerous distraction from the real issues facing working people. It threatens our rights, undermines our democracy, and risks isolating Britain on the world stage.  Whether it’s leaving the ECHR or denying climate change is real, the Conservatives aren’t offering leadership - they’re just desperately chasing Reform’s tail.

The TUC stands firmly against this reckless plan. We call on all parties to reject this attack on the rule of law and reaffirm their commitment to our essential human rights protections.