In Hampson v Department of Education and Science (16.12.87) EOR18A, the EAT says that the "sound and tolerable reasons" test for justifiable indirect discrimination under s.1(1)(b) of the Race Relations Act 1976 set out by the Court of Appeal in Ojutiku v Manpower Services Commission is still binding and has not been overruled by the decision in the House of Lords in the equal pay case of Rainey v Greater Glasgow Health Board EOR11A applying the European Court's more stringent test of "objective justifiability" in Bilka Kaufhaus v Weber Von Hartz EOR9A.
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