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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

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Some employment law controversies never disappear—they merely lie dormant
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
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