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04 October 2007
Issue: 7291 / Categories: Case law , Law digest
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EMPLOYMENT LAW

Allen v GMB [2007] IRLR 752, [2007] All ER (D) 497 (Jul)

To establish objective justification in a case of alleged indirect discrimination, the question is whether or not the means to achieve the objective are proportionate to that objective. It is not whether the actions of the employer are otherwise lawful or achieved in a morally acceptable way.

 The concept of “proportionate means” is not focusing upon whether the employer has or has not conducted itself appropriately. The issue is whether or not the difference in treatment can be justified as a proportional response to a legitimate objective (per Mr Justice Elias at para 83).

The fact that the objective might be achieved by using unlawful, even dishonest, practices does not necessarily mean that the means are disproportionate once it is accepted that the aim itself is legitimate (ibid, para 89; Michael Rubenstein, in the IRLR editorial, questions the correctness of this decision in light of EU law).

Issue: 7291 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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