When Can Costs Justify Discrimination?Posted in : Supplementary Articles NI on 7 December 2020 Issues covered: Discrimination and Equality; Objective Justification; Indirect Discrimination
In Heskett v Secretary of State for Justice  EWCA Civ 1487 the Court of Appeal held that although saving or avoiding costs cannot in and of itself justify indirect discrimination on grounds of age, an employer’s need to reduce costs in order to balance its books in response to a public sector pay freeze was a legitimate aim capable of justifying indirect age discrimination.
Indirect discrimination occurs when a provision, criterion or practice (PCP) places or would place individuals with a protected characteristic at a substantial disadvantage compared to persons without that characteristic. Unlike other forms of discrimination, indirect discrimination may be justified
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More on Discrimination & Equality
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.