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Sex discrimination: Statistics and approach used to assess disparate impact inadequate

This report relates to 1 case(s)

In Harvest Town Circle Ltd v Rutherford [2001] IRLR 599, the EAT remits the question of whether the age limit of 65 on the right to claim unfair dismissal or a redundancy payment is indirectly discriminatory on grounds of sex. In assessing the question of whether the age limit has a disparate impact between men and women, the tribunal had used a pool and figures that could not serve that purpose. It should have considered other possible comparisons. Further, the tribunal had erred in dismissing a submission of justification on the basis that no evidence had been brought by the parties. In a case of such importance, the Secretary of State should have been invited to join the proceedings and give evidence of any factors that could be regarded as a possible justification.