State immunity and employment relationships before the European Court of Human Rights

Abstract

This article considers challenges to state immunity under Article 6 ECHR (the right to a fair trial) in relation to employment disputes. It is argued that the development of the adjudication of these disputes in the ECtHR has been positive for Applicants, with the Court willing to find that state immunity is not a proportionate response in the context of Article 6. However, it is also argued that there are a number of tensions which exist in the adjudication of these disputes, and these tensions are only increasing with the more 'progressive' findings of the Court.