Outcome vs process in justifying dismissal The EAT has held that in considering the justification defence under s.15 Equality Act, it is the outcome of the decision-making process ...
Justification if failure to make adjustment would have made no difference The EAT has upheld a tribunal decision that a dismissal due to long-term sickness absence was justified even though the employer had failed ...
Objective justification and disability Summary The employer has a defence to discrimination arising from disability (s.15) and, less importantly in practice, indirect discriminati...
EU case on hearing requirements for prison guards Estonian regulations allowed spectacles etc to be used in deciding whether prison guards met vision requirements, but did not allow hearing ...
Health and safety as a justification for disability discrimination Summary An argument that health and safety justifies excluding a woman or someone with a disability or someone from an ethnic minority etc m...
Protecting an employee’s health as justification for discrimination Diana Kloss reviews an EAT decision which held an employer was entitled to refuse to second a disabled worker to Montenegro, given advice th...
Refusal to second ‘high risk’ worker abroad was justified The EAT upheld an employer’s decision not to second an employee to Montenegro when the secondment was classified as ‘high risk&#...
Compulsory retirement age for academics An appeal case has upheld two tribunal decisions which had reached opposite conclusions on the same university retirement policy. This was t...
How far can cost justify discrimination? The Court of Appeal confirmed that saving or avoidance of costs, without more, is not sufficient for the justification defence. However an e...
‘Objective justification’ defence Summary This defence can apply to discrimination arising from disability, and to indirect discrimination. The employer must show that the un...
