Sentences with phrase «of achieving a legitimate aim»

They concluded that the cuts were justified as the cuts were «still felt to be a proportionate means of achieving the legitimate aim of reducing public expenditure».

The disciplinary proceedings and the risk that her employment may have been terminated amounted to a detriment and therefore the tribunal should have considered whether the council's requirement was a proportionate means of achieving the legitimate aim of providing effective civil partnership arrangements as a public authority committed to the promotion of equal opportunities.

Bill Steele, convener of the Church's Social Care Council explained to The Herald why the move had been made: «Having consulted widely and having sought employment law advice, the Council does not believe that the requirement for all care and support staff to be Christian is a proportionate means of achieving a legitimate aim.»

This self - declared «gender identity» would then be a legally protected characteristic and it would be prohibited to discriminate against you on the basis of it, even in cases where provision of women - only services is a proportionate means of achieving a legitimate aim, and even where there is a genuine occupational requirement to employ a woman.

There is however a defence to discrimination if it can be shown that the measure is a proportionate means of achieving a legitimate aim.

UKEAT / 0071/17 / LA, Sir Alan Wilkie held that ministers failed to show the pension arrangements were a proportionate means of achieving a legitimate aim.

If so, the employer would need to show that the policy was justified as a proportionate means of achieving a legitimate aim.

Indirect discrimination is permitted if it is justified — that means that an employer can show it is a «proportionate means of achieving a legitimate aim».

However, if a dress code appears to discriminatory, an employer will not be liable if they can show that the requirements are a proportionate means of achieving a legitimate aim and there is case law which demonstrates that having different dress codes for men and women is not automatically discriminatory.

Organisations can implement policies which at first glance look like indirect discrimination but can be shown to be a «proportionate means of achieving a legitimate aim».

Regulation 3 defined «discrimination» to include direct religious discrimination (that is, treating an employee less favourably on grounds of his or her religion or belief) and indirect religious discrimination (applying a provision, criterion or practice that places persons of the same religion as the employee at a particular disadvantage and which the employer can not show was a proportionate means of achieving a legitimate aim).

In order to successfully claim indirect discrimination, the claimant must demonstrate that the respondent has applied a provision, criterion or practice («PCP»); that PCP puts or would put someone with the claimant's religion or belief at a particular disadvantage when compared to other persons; the PCP puts or would put the claimant at that disadvantage and the PCP can not be justified as a proportionate means of achieving a legitimate aim.

Thus, the issue that fell to be determined was whether the provision, criterion or practice applied by the council was a proportionate means of achieving a legitimate aim.

Two recent Employment Appeal Tribunal (EAT) cases provide some clarification for employers who are seeking to objectively justify an age discriminatory practice as being a proportionate means of achieving a legitimate aim.

`... while Article 8 does apply in principle to cases involving a private landowner and a trespasser, it is difficult to envisage circumstances where it would have any consequence and the eviction would not be found to be a proportionate means of achieving a legitimate aim».

Under the Equality Act 2010, discrimination on grounds of age is unlawful unless it can be objectively justified as a proportionate means of achieving a legitimate aim.

In very brief summary, under the Equality Act 2010 where an employer applies a provision, criterion or practice (i.e. in this case, requiring an employee to work on a religious day) this could amount to indirect discrimination unless the employer can show that the requirement is objectively justified as a proportionate means of achieving a legitimate aim.

However, this can be justified if the employer can demonstrate that it is a proportionate means of achieving a legitimate aim.

Employment Judge Lewzey dismissed the claim, on the basis that the older firefighters had a legitimate expectation that no major changes would be made to their pension entitlements when they were close to retirement, and so that the transitional provisions were a proportionate means of achieving a legitimate aim.

On the footing on which the indirect discrimination claim is now advanced, namely disadvantage to a single individual arising out of her wish to manifest her faith in a particular way, everything in the tribunal's findings of fact shows the rule, both during the years when it operated without objection and while it was being reconsidered on Ms Eweida's instigation, to have been a proportionate means of achieving a legitimate aim.

She said the crucial question was whether the limited provision was a proportionate means of achieving a legitimate aim.