Strategic Litigation in Pursuit of Pay Equality

Abstract

This chapter focuses on the case of Regina v Secretary of State for Employment, ex parte Seymour-Smith.¹ This case concerns the period of employment needed to qualify for protection from unfair dismissal, which was increased from one year to two by a Variation Order in 1985.² Two women who were affected by the increase in this period have brought a case arguing that proportionately more women than men were affected, that women are more likely than men to have interrupted careers due to family responsibilities, and that therefore the Order is indirectly discriminatory and contrary to European law.