*Smith v Carillion (JM) Ltd

Employment – Worker. The claimant construction worker brought a claim in the employment tribunal asserting that he had been subjected to detrimental treatment by virtue of his trade union and health and safety activities. His claim was dismissed by the tribunal on the basis that he had never been an employee of the defendant company. Before the Court of Appeal, Civil Division, S sought to rely on, among other things, arts 8 and 11 of the European Convention on Human Rights. The court, in dismissing S's appeal, held that the tribunal had reached a sustainable conclusion consistent with the evidence and that the human rights legislation had no traction in the present case.

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