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08 February 2007
Issue: 7259 / Categories: Case law , Law digest
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DISCRIMINATION

Redcar & Cleveland Borough Council v Bainbridge [2007] IRLR 91

(i) Although budgetary considerations cannot be the sole justification for failing to give effect to the principle of equal pay, they could be a factor to be weighed with other considerations when determining whether the difference in pay can be objectively justified. However, financial considerations cannot form part of an employer’s defence where the purpose is merely to save costs.

(ii) Although the employer must show that the difference in pay has remained objectively justified throughout the relevant period, it is not obliged to remove or mitigate the effects of any genuine material factor simply because the disparity has continued for some time.

(iii) It is inherent in the principle of proportionality that where different means of achieving a particular objective could be achieved, the one which has the least discriminatory impact should be chosen. A tribunal considering objective justification is therefore obliged to have regard to whether different and less discriminatory means could have been used to achieve the same objective.

Issue: 7259 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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