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04 October 2007
Issue: 7291 / Categories: Case law , Law digest
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EMPLOYMENT LAW

Allen v GMB [2007] IRLR 752, [2007] All ER (D) 497 (Jul)

To establish objective justification in a case of alleged indirect discrimination, the question is whether or not the means to achieve the objective are proportionate to that objective. It is not whether the actions of the employer are otherwise lawful or achieved in a morally acceptable way.

 The concept of “proportionate means” is not focusing upon whether the employer has or has not conducted itself appropriately. The issue is whether or not the difference in treatment can be justified as a proportional response to a legitimate objective (per Mr Justice Elias at para 83).

The fact that the objective might be achieved by using unlawful, even dishonest, practices does not necessarily mean that the means are disproportionate once it is accepted that the aim itself is legitimate (ibid, para 89; Michael Rubenstein, in the IRLR editorial, questions the correctness of this decision in light of EU law).

Issue: 7291 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
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