ABSTRACT
Employment law also provides protection against unhealthy working environments. In Masiak v City Restaurants,132 a restaurant chef who was dismissed when he refused to cook chicken which was a health hazard to customers claimed unfair dismissal under the Employment Rights Act 1996. The Employment Appeals Tribunal took into account European law in relation to health133 to find that the chef was entitled to consider the health of the public in his decision whether to obey an employer’s orders. An employee forced to work in an office where other employees smoked sued successfully for unfair dismissal when her employer failed to find her a working environment which did not compromise her health.134
