Objective Justification

  • The “objective justification” test is used in relation to indirect discrimination, direct age discrimination and discrimination arising from a disability only
  • The ECJ held in Bilka-Kaufhaus GmbH v Weber von Hartz [1986] IRLR 317 that the measures taken by the employer:

– Must correspond to a real need on the part of the employer

– Must be appropriate with a view to achieving the objectives pursued

– Must be necessary to that end

  • The EA adopts the wording “proportionate means of achieving a legitimate aim” as a summary of the ECJ’s position

 

 

This publication is intended for general summary guidance. It is not and should not be considered legal advice. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.