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Equality North East

Indirect Discrimination

In an indirect discrimination claim, can an employment tribunal reject a justification defence on the basis that the employer should have pursued a different aim which would have had a less discriminatory impact?

No, held Court of Appeal in Harrod v West Midlands Police.

The Claimants were police officers across a range of ranks and forces, compulsorily retired under Rule A19 of the Police Pensions Regulations 1987, which permitted compulsory retirement of officers 'in the interests of efficiency' at 30 years' service (see previous bulletin). This was potentially indirectly discriminatory on grounds of age. But there was no other way to dismiss police officers and cost savings had to be made, so the use of Rule A19 was held to be justified.

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May 12, 2017

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