Sentences with phrase «of achieving the legitimate aim of»

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».

Not exact matches

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.

Against a backdrop as complex and shifting as this, UK companies may need to establish a clothing policy which is consistent, practical and easy to defend on the basis of it being a proportionate and legitimate means of achieving a legitimate business aim or a genuine occupational requirement.

Accordingly, not only do employers have to identify a legitimate aim, but it also has to show that the discriminatory conduct, which in this case is age 65, is a proportionate means of achieving that aim.

The test to determine discriminatory conduct, in this case direct age discrimination, is set out in reg 3 of the Employment Equality (Age) Regulations 2006 (SI 2006/1031)(which is now repealed and set out in s 13 (1) and (2) of the Equality Act 2010): «For the purposes of these Regulations, a person («A») discriminates against another person («B») if, on the grounds of B's age, A treats B less favourably than he treats or would treat other persons,... and A can not show the treatment or, as the case may be, provision, criterion or practice to be a proportionate means of achieving a legitimate aim.»

In addition to establishing the legitimate aims, organisations will have had to obtain evidence to substantiate that the chosen legitimate aims are a proportionate means of achieving that aim.

On the facts, the Tribunal held that in specifying that a) staff of both genders be available, b) staff left in charge should have sufficient experience, and c) there should be continuity of care wherever possible, the Respondent's aim was legitimate, and that requiring staff to work Sunday shifts in line with their contracts was a proportionate means of achieving that aim, and dismissed Mrs Mba's claim for constructive dismissal.

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

In reaching its decision, the Tribunal applied the test of proportionality, which requires that there should be a legitimate aim, that the PCP be necessary to achieve that aim, and that it should be a proportionate means of doing so.

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».

Four issues had been identified by the parties: (i) whether the Court of Appeal had correctly held that the 2009 and 2010 care plan reviews were to be read as including a reassessment of the claimant's community care needs; (ii) whether the authority's decision to provide pads interfered with the claimant's Art 8 rights and, if so, whether such an interference was justified and proportionate; (iii) whether the authority had been operating any relevant policy or practice for the purposes of s 21E (1) of the Disability Discrimination Act 1995 (DDA 1995) and, if so, whether that policy was justified as a proportionate means of achieving a legitimate aim, namely the equitable allocation of limited care resources; and (iv) whether the authority had failed to have due regard to the needs specified in s 49A of DDA 1995 (the general disability equality duty) when carrying out their functions in the instant case.

Even were that not so, the authority's acts had to be regarded as constituting a proportionate means of achieving a legitimate aim.

However, the EAT overturned that decision, concluding that the ET had not correctly applied the objective justification test, or properly considered the issue of proportionality (in order to achieve legitimate aims).

However, the EAT found that the ET judge had «failed to consider whether, in the context of the FPS, the application of the transitional provisions and the differential treatment on the grounds of age was a proportionate means for achieving what she had concluded... were legitimate aims of social policy».

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).

His lordship turned therefore to consider whether, on the assumption that Art 6 was engaged, the grant of immunity to the defendant pursued a legitimate aim and if there was a reasonable relationship of proportionality between the means employed and the aim sought to be achieved.

However, decisions at a European level have permitted certain differences in treatment which are «objectively justified», as allowing Member States to use mandatory retirement ages where «appropriate and necessary in order to achieve a legitimate aim in the context of national employment policy.»

In Ireland, the Employment Equality Acts 1998 — 2015 prohibit discrimination on grounds of age, but specifically permit the use of mandatory retirement ages provided that they are «objectively and reasonably justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.»

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.

`... 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.

Indirect discrimination, if it occurs, is not necessarily wrongful: the defendant employer may show that, in spite of its negative effect, the provision, criterion or practice, despite its unequal impact, constitutes a proportionate means of achieving a legitimate aim.

«The general warrant achieved the legitimate aims of the police investigation in a much more convenient and cost - effective manner than any other provision would have allowed,» stated Cromwell.

Thus, the use of the scoring matrix which did not give special recognition to 24/7 working or providing special priority payments to those who were excused from 24/7 working for childcare reasons was not a means of achieving the chief constable's legitimate aim.

It was other means of achieving the employer's legitimate aim which were relevant not the means of achieving different aims.

Courts considering Heyday will need to consider: - whether the UK's aim is legitimate; and - whether the means of achieving that aim is both appropriate and necessary.

This will also help to ensure that the use of surveillance is proportionate to achieving a legitimate aim.

Article 6 of the Directive allows member states to provide that «differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary».