Pulham and others v London Borough of Barking & Dagenham  IRLR 184 EAT
Reports relating to this case:
Age discrimination: Continuation of past age discrimination in form of transitional pay protection capable of justification
- 10 February 2010
In Pulham and others v London Borough of Barking and Dagenham EAT/0516/08, the EAT held that it is open to an employer to seek to justify the adoption of discriminatory pay protection arrangements following the abolition of a discriminatory incremental pay scheme. However, in this case, the tribunal's decision to the effect that the employer was justified on the facts could not be upheld, because its approach to the assessment of justification was legally flawed.
- 9 November 2009
The Employment Appeal Tribunal has held that, contrary to the position with sex discrimination, pay protection arrangements that are discriminatory on the ground of age are always potentially justifiable.