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Employer must show "real need"

This report relates to 1 case(s)

In Allonby v Accrington & Rossendale College the Court of Appeal has held that once an employment tribunal has made a finding that a requirement or condition has a disparate impact on women, the tribunal is obliged to make a critical evaluation of whether the employers' reasons for imposing the conditions demonstrated a "real need".

One of Debra Allonby's claims against Accrington and Rossendale College was a complaint of indirect sex discrimination in respect of her dismissal as a part-time hourly-paid lecturer. This occurred in 1996 when, in order to reduce the financial impact of new rights for part-time workers, the college decided to terminate the contracts of employment of all part-time lecturers and instead to retain their services as sub-contractors.