Source: All England Reporter
Publisher Citation: [2002] All ER (D) 83 (Sep)
Court: Employment Appeal Tribunal
Judge:

Lindsay J, Mr P Dawson and Mr J Shrigley
Judgment Dates: 17 September 2002

Catchwords

European Community - Equality of treatment of men and women - Equal working conditions - Dismissal - Claims for unfair dismissal barred unless employee having been employed for two year qualifying period - Whether qualifying period discriminatory between men and women for period June 1995 to July 1997 - s 108 - Article 141 EC.

The Case

On the basis of statistical evidence placed before the EAT relating to the period June 1995 to July 1997, the qualifying period of two years' employment imposed by s108 of the and its predecessor on employees wishing to claim for unfair dismissal would not be displaced in respect of dismissals with an effective date of termination between June 1995 and July 1997, as it did not breach art141 EC (formerly EC Treaty, art119) which provided that men and women should receive equal pay for equal work.

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