Workplace Report February 2000

Features: Law at work

Employee rights

Most statutory employment rights apply only if the individual is an "employee", that is someone working under a contract of employment. According to the EAT in the case of Costain Building v Smith this applies to the statutory protection from dismissal for health and safety reasons. Even if an individual is appointed as the health and safety representative if they are not an employee they cannot be protected from unfair dismissal.