Smith v Gardner Merchant Ltd [1995] UKEAT 831_95_1910 (19 October 1995)

Smith v Gardner Merchant Ltd [1995] UKEAT 831_95_1910 (19 October 1995)

The Notice of Appeal raises an arguable point of law regarding the interpretation of the Sex Discrimination Act 1975 and the impact of the Equal Treatment Directive on qualifying periods for unfair dismissal, warranting a full hearing.

Citation
[1995] UKEAT 831_95_1910
Parties
Appellant: Mr Smith; Respondent: Unknown Respondent
Jurisdiction
United Kingdom
Judgment Date
19 October 1995
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Case proceeds to full hearing
Legal Topics
Sex Discrimination, Jurisdiction, Unfair Dismissal, Equal Treatment Directive
Employment Law Discrimination Law Sex Discrimination Jurisdiction Unfair Dismissal Equal Treatment Directive

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Smith

Appellant

Unknown Respondent

Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Industrial Tribunal had jurisdiction under the Sex Discrimination Act 1975 to hear a claim of discrimination based on sexual orientation
  2. 2 Whether the two-year qualifying period for unfair dismissal is indirectly discriminatory under the Equal Treatment Directive

Ratio Decidendi

The Notice of Appeal raises an arguable point of law regarding the interpretation of the Sex Discrimination Act 1975 and the impact of the Equal Treatment Directive on qualifying periods for unfair dismissal, warranting a full hearing.

Court Disposition

Case proceeds to full hearing

Orders

  • Directions given for a full hearing
  • No need for Chairman's Notes of Evidence