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Seven-hour worker can bring unfair dismissal claim

This report relates to 1 case(s)

  • expand disabled

    Warren v Wylie and Wylie [1994] IT/4524/94 (0 other reports)

In Warren v Wylie and Wylie a Southampton industrial tribunal (Chair: M A Rich) has interpreted the House of Lords' decision in the part-time workers judicial review case to mean that the qualifying threshold of eight hours' service per week to bring an unfair dismissal complaint in the Employment Protection (Consolidation) Act 1978 is contrary to Article 119 of the EEC Treaty.

The implication of the tribunal's decision is that all employees with two years' continuous service with their employer have the right to complain of unfair dismissal, regardless of their hours of work and regardless of whether their employer is in the public or private sector.