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Discrimination

20 November 2008
Issue: 7346 / Categories: Case law , Law digest
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MacCulloch v Imperial Chemical Industries plc [2008] IRLR 846

Where the respondent seeks to rely on the defence of justification:

(i) the burden of proof is on the respondent to establish justification;

(ii) the classic test in Bilka- Kaufhaus GmbH v Weber Von Hartz [1986] IRLR 317 involves the application of the proportionality principle;

(iii) this principle requires an objective balance to be struck between the discriminatory effect of the measure and the needs of the undertaking (the more serious the disparate adverse impact, the more cogent must be the justification for it); and

(iv) it is for the employment tribunal to weigh the reasonable needs of the undertaking against the discriminatory effect of the employer’s measure and to make its own assessment of whether the former outweigh the latter (there is no “range of reasonable response” test in this context). It cannot be assumed that, just because a scheme in broad terms achieves certain business objectives, this necessarily establishes justification.

Issue: 7346 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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