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Tribunal procedure: Seymour-Smith claims must be adjourned

This report relates to 1 case(s)

In Davidson v City Electrical Factors Ltd [1998] IRLR 108, the EAT holds that any unfair dismissal claimant who has between one and two years' service has an enforceable right to an adjournment of the application in order to preserve his or her position pending the outcome of the Seymour-Smith case.

In R v Secretary of State for Employment ex parte Seymour-Smith and another [1997] IRLR 315, the House of Lords has referred a number of questions to the European Court of Justice concerning the validity of the two-year qualifying period for claiming unfair dismissal.