Sex discrimination and equal pay: Inadequate explanation of why condition for avoiding dismissal was objectively justified
This report relates to 1 case(s)
Allonby v Accrington and Rossendale College  IRLR 364 CA (3 other reports)
An employment tribunal erred in deciding that the sexually discriminatory condition of being in salaried as opposed to hourly-paid employment to avoid dismissal was objectively justifiable, holds the Court of Appeal in Allonby v Accrington & Rossendale College and others 23.3.01. Nowhere had the tribunal sought to weigh the justification against its discriminatory effect. The tribunal had also accepted uncritically the employer's reasons for dismissing its hourly-paid workforce. Consequently, the tribunal had made no attempt to evaluate objectively whether the dismissals were reasonably necessary.