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Sex discrimination: Two-year qualifying period not discriminatory

This report relates to 1 case(s)

It would be inappropriate for a court to grant private sector employees an order quashing the two-year qualifying period for an unfair dismissal complaint because of its alleged incompatibility with the EC "Equal Treatment" Directive, holds the High Court in R v Secretary of State for Employment ex parte Seymour-Smith and Perez. In any event, says the Court, the disparity between the proportions of women and men who could comply with the requirement was not considerable, and did not demonstrate indirect discrimination against women.

Until 31 May 1985, s.64(1)(a) of the Employment Protection (Consolidation) Act 1978 required an employee to have at least one year's continuous employment in order to complain of unfair dismissal to an industrial tribunal.