Labour & European Law Review
01 April 1998
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.
The scope of application of employment rights is a key issue.
The Government has announced there will be no legislation outlawing age discrimination in employment, but a voluntary code of practice.
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.
Many employers now have equal opportunities policies. They range from general statements of intent to highly developed policies.
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.
In two recent cases the court had to consider what should be done to put right a breach of contract by an employer.