Weekly Issue 21 - April 1998

Dismissal claims to be adjourned pending Seymour-Smith

R v Secretary of State for Employment ex parte Seymour-Smith currently before the European Court of Justice (see Issue 2 of LELR) challenges the two year qualifying period for unfair dismissal applications on the basis of indirect sex discrimination.

New cases highlight inconsistent approach by the courts

The scope of application of employment rights is a key issue.

Sex discrimination laws used to challenge age discrimination

The Government has announced there will be no legislation outlawing age discrimination in employment, but a voluntary code of practice.

Court gives green light to rogue employers

The Court of Appeal has given the green light to unscrupulous employers to extend the abuse of waiver clauses in fixed term contracts to deny workers unfair dismissal rights and redundancy payments.

Equal opportunities policies - do they have contractual force?

Many employers now have equal opportunities policies. They range from general statements of intent to highly developed policies.

Injunction prevents dismissals

It is notoriously difficult to persuade a court to grant an injunction to prevent a dismissal, even where the employer has failed to follow its own procedures.

Dismissing without notice

In two recent cases the court had to consider what should be done to put right a breach of contract by an employer.