Source: Equal Opportunities Review Issue: 84 Date: 01-03-1999 Publisher: IRS

ECJ sends mixed signal

TOPICS:
terms, conditions and employee rights employment tribunals and courts
equal opportunities sex
termination of employment dismissal
tribunal procedures and penalties
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 Seymour-Smith and Perez [1999] IRLR 253 ECJ (5 reports)


In R v Secretary of State for Employment ex parte Seymour-Smith and Perez (9 February 1998) EOR84A, the European Court of Justice sets out principles for determining whether a Member State has indirectly discriminated contrary to EU law. However, the Court's decision gives no decisive sign to the House of Lords as to whether the increase in the qualifying period for bringing a complaint of unfair dismissal from one to two years indirectly discriminated against women contrary to EU law.

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