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 R v Secretary of State for Employment ex parte Seymour-Smith and Perez (20 May 1994) EOR57C, the Divisional Court rejects a complaint that the two-year service qualification for bringing an unfair dismissal complaint indirectly discriminates against women contrary to the EEC Equal Treatment Directive.
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