“…"necessary" means "reasonably" rather than absolutely or strictly necessary (see, for example, R v Secretary of State for Employment, Ex p Seymour-Smith (No 2) [2000] 1 WLR 435; Chief Constable of West Yorkshire Police v Homer [2012] UKSC 15; [2012] ICR 704). The proposition advanced by Advocate General Poiares Maduro in Huber [Case C…”
“…It is convenient to begin with R v Secretary of State for Employment ex parteSeymour-Smith [2000] 1 WLR 435. The issue was whether the Unfair Dismissal (Variation of Qualifying Period) Order 1985, which increased the qualifying period from one year to two years for u…”
“…Birkenhead’s speech in R v. Secretary of State for Employment Secretary, Ex ParteSeymour-Smith and Another (No 2)[2000] 1 WLR 435, at 450F, that we cited at para 71 above. She also cited from paras 28, 33, 50, 53 and 55 of Lady Hale’s judgment in Seldon. She did not, however, cite from pa…”