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## Abstract The first challenge for any potential litigant seeking to enforce their human rights before an Employment Tribunal is demonstrating that they enjoy the requisite employment status. Dismissal law, for example, is available only to the most privileged group within the workforce: those with a contract of employment. This chapter dissects the battery of statutory and common law requirements that individuals must satisfy to vindicate their fundamental rights before the courts and tribunals, noting a sharp contrast between the restrictive availability of employment rights and the inclusivity of the European Convention on Human Rights. The need to be a party to a contract which underpins the provision of work, the common law tests that restrict the scope of some protections to a narrow group of individuals, and the additional statutory requirements such as the need for continuous period of service will be discussed. This chapter will note progress in specific instances where the European Convention on Human Rights have been relied upon to extend employment rights to particular claimants, but it also observes that these advances are far from universal. A comprehensive review of

Author

Philippa M. Collins

Publisher

Oxford University PressOxford

Published

2022

Language

EN

ISBN

9780192647375

Subjects

Law