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DISCRIMINATION

08 February 2007
Issue: 7259 / Categories: Case law , Law digest
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Redcar & Cleveland Borough Council v Bainbridge [2007] IRLR 91

(i) Although budgetary considerations cannot be the sole justification for failing to give effect to the principle of equal pay, they could be a factor to be weighed with other considerations when determining whether the difference in pay can be objectively justified. However, financial considerations cannot form part of an employer’s defence where the purpose is merely to save costs.

(ii) Although the employer must show that the difference in pay has remained objectively justified throughout the relevant period, it is not obliged to remove or mitigate the effects of any genuine material factor simply because the disparity has continued for some time.

(iii) It is inherent in the principle of proportionality that where different means of achieving a particular objective could be achieved, the one which has the least discriminatory impact should be chosen. A tribunal considering objective justification is therefore obliged to have regard to whether different and less discriminatory means could have been used to achieve the same objective.

Issue: 7259 / Categories: Case law , Law digest
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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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