R v Secretary of State for Employment ex parte Seymour-Smith and Perez [1999] IRLR 253 ECJ

Reports relating to this case:

  • Sex discrimination: Legality of two-year qualifying period for unfair dismissal protection still unclear

    Date:
    1 March 1999

    A judicial award of compensation for breach of the right not to be unfairly dismissed constitutes "pay" within the meaning of Article 119 of the Treaty of Rome, rules the European Court of Justice in R v Secretary of State for Employment, ex parte Seymour-Smith and Perez.

  • ECJ sends mixed signal

    Date:
    1 March 1999

    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.

  • Qualifying period remains uncertain

    Date:
    1 March 1999

    The European Court of Justice's long-awaited ruling in R v Secretary of State ex parte Seymour-Smith leaves it for the House of Lords to decide whether the increase in the qualifying period in 1985 for bringing a complaint of unfair dismissal from one to two years indirectly discriminated against women contrary to European Community law.