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Discrimination: Test for justifying indirect discrimination

This report relates to 1 case(s)

In Hampson v Department of Education and Science, the Court of Appeal rules that the exemption in s.41 of the Race Relations Act 1976 for acts done in pursuance of statutory authority does not extend to all acts done under a statute or statutory instrument. The court also states that the test of whether an indirectly discriminatory requirement or condition is justifiable requires an objective balance to be drawn between its discriminatory effect and the employer's reasonable needs.