"Justifiable" requires objective balance
This report relates to 1 case(s)
Hampson v Department of Education and Science  IRLR 69 CA (1 other report)
In Hampson v Department of Education and Science (2.12.88) EOR24A, the Court of Appeal says that the test for whether an indirectly discriminatory requirement or condition is "justifiable" requires an objective balance between the discriminatory effect of the condition and the reasonable needs of the party who applies the condition. There is no significant difference between the standard of justification under the Race Relations and Sex Discrimination Acts and the test adopted by the House of Lords in the Rainey case under s.1(3) of the Equal Pay Act 1970.