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Sex discrimination: Two-year qualifying period referred to ECJ

This report relates to 1 case(s)

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    R v Secretary of State for Employment ex parte Seymour-Smith and Perez [1997] IRLR 315 HL (2 other reports)

    • ECJ to rule on qualifying period

      Date:
      1 June 1997

      Five questions relating to 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 have been referred to the European Court of Justice by the House of Lords in R v Secretary of State for Employment ex parte Seymour-Smith.

    • Qualifying period to ECJ

      Date:
      1 May 1997

      In R v Secretary of State for Employment ex parte Seymour-Smith and Perez (13 March 1997) EOR73A, the House of Lords refers questions to the European Court of Justice relating 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 European Community law.

In R v Secretary of State for Employment, ex parte Seymour-Smith and another 13.3.97 House of Lords, the House of Lords discharges an order made by the Court of Appeal which declared that the two-year qualifying period for unfair dismissal was, at least in the years 1985 to 1991, incompatible with the EC Equal Treatment Directive. However, their Lordships refer a number of questions to the European Court of Justice on the compatibility of the qualifying period with both the Directive and the principle of equal pay for equal work contained in Article 119 of the Treaty of Rome.