While not strictly related to employment law, a recent ruling in the Supreme Court has delivered a landmark judgement that may be relevant to those interested in wider legal issues.

The judgement quashes a previous ruling that British soldiers serving abroad are protected by human rights laws throughout their term of service, even whilst in the midst of battle in theatres such as Iraq and Afghanistan.

The case was heard by nine Supreme Court judges, six of whom overturned the historic High Court and Court of Appeal judgments over the death of Private Jason Smith, a soldier who died of heatstroke while serving with the Territorial Army in southern Iraq.

The court was required to rule on the issue of whether or not a British soldier on a tour of duty in Iraq is subject to human rights laws when in the heat of conflict, and not just when at a British military base or hospital.

The Ministry of Defence (MoD) had challenged a ruling made last year in the High Court that soldiers or their families could bring an action under the Human Rights Act and the European Convention on Human Rights under certain circumstances.

The MoD had been concerned that the ruling could lead to a spate of lawsuits from the families of soldiers killed or injured in battle because they were sent into combat without adequate equipment, and military experts feared that it could lead to officers failing to take action in the field due to the threat of future legal action.

Technorati Tags: Employment Law, Ministry of Defence