In Heskett v Secretary of State for Justice, the Court of Appeal confirmed that, while cost alone is not sufficient, the employer's need to reduce expenditure due to budgetary constraints imposed by the Government is a legitimate aim, and the discriminatory pay policy a proportionate means of achieving that aim.
In Aramark (UK) Ltd v Fernandes, the Employment Appeal Tribunal held that the employer's failure to put a redundant employee on a list of bank workers was not unreasonable, within the meaning of s.98(4) of the Employment Rights Act 1996.
In K v L, the Employment Appeal Tribunal held that a school teacher's dismissal for possessing indecent images of children was unfair because the employer had not cited reputational damage as a potential ground for dismissal.
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