Source: Equal Opportunities Review Issue: 54 Date: 01-03-1994 Publisher: IRS

Triumph for part-timers

TOPICS:
pay and benefits statutory rates and benefits
terms, conditions and employee rights working patterns
termination of employment dismissal
international European Union

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

R v Secretary of State for Employment ex parte Equal Opportunities Commission [1994] IRLR 176 HL (3 reports)


In R v Secretary of State for Employment ex parte Equal Opportunities Commission (3 March 1994) EOR54A, the House of Lords rules that the minimum hours qualifying thresholds in respect of statutory unfair dismissal and redundancy payments rights are contrary to European Community law.

The issues

The rights to bring an unfair dismissal complaint and/or a claim for a statutory redundancy payment set out in the Employment Protection (Consolidation) Act 1978 are conditional upon the claimant having worked 16 hours or more per week for two years (or five years if the employee works between eight and 16 hours per week).

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