header-logo header-logo

08 February 2007
Issue: 7259 / Categories: Case law , Law digest
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll