When Can Costs Justify Discrimination?

Posted in : Supplementary Articles NI on 7 December 2020
Ciara Fulton
Jones Cassidy Brett
Issues covered: Discrimination and Equality; Objective Justification; Indirect Discrimination

In Heskett v Secretary of State for Justice [2020] 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.

Background

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.

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

Already a subscriber, now or Start my free trial today

This article is correct at 07/12/2020
Disclaimer:

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.

Ciara Fulton
Jones Cassidy Brett

The main content of this article was provided by Ciara Fulton. Contact telephone number is 028 9064 2290 or email CFulton@jcbsolicitors.co.uk

View all articles by Ciara Fulton