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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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