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 ... (57 more words)

Member login

If you are a member of the Workplace Law
Network, please enter your details below

My email address
My password
Keep me logged in:
	I've forgotten my password

Protecting your data

We take data protection very seriously. We will never share your data with third parties. We process data in accordance with: the Data Protection Act 1998; the 11th edition of the British Code of Advertising, Sales Promotion and Marketing Practice; and the DMA Direct Marketing Code of Practice.