Justifying discrimination and the importance of proportionality

• Author:
• CMS Cameron McKenna

Two recent Employment Appeal Tribunal cases, MacCulloch v. Imperial Chemical Industries PLC (2008), and Loxley v. BAE Systems Land Systems (2008), have highlighted the importance of proportionality when an employer seeks to justify age discrimination.

Direct and indirect age discrimination can be objectively justified but, following MacCulloch, careful appraisal by an Employment Tribunal is needed to establish that there is both a legitimate aim and proper justification of measures adopted ... (56 more words)

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