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Justifying discrimination

Receiving a discrimination claim can be a real concern for employers, but in some circumstances, discrimination in an employment context can be justified. In order to establish a legal defence, before taking any action that may be potentially discriminatory, it’s essential that you can demonstrate you have taken reasonable steps and that your actions are justifiable. Are there less discriminatory ways of achieving your aim?

During this video, we discuss the different forms of potentially justifiable discrimination, namely indirect discrimination, discrimination arising from a disability, and direct age discrimination.

Through looking at real-life examples of discrimination claims we aim to de-bunk common misconceptions. In each example, we consider the reasons why an employer may look to take a certain course of action and whether the actions taken were deemed justifiable by an Employment Tribunal.

Disability-related absences can be particularly troublesome for employers. These cases are very fact sensitive, so what is found to be proportionate in one case may not be found to be proportionate in another, and therein lies the confusion.

With discrimination being a highly complex and constantly evolving area of employment law, we highly recommend watching this video to gain a greater understanding of the recommended steps you should take and the factors to consider in order to avoid legal ramifications.

This video covers:

  • What types of discrimination can be justified?
  • What is the legal test for justifying discrimination?
  • What is a “legitimate aim”?
  • What do we mean by “proportionality”?
  • Top tips for avoiding Employment Tribunal claims.


Watch the video


Where to go for expert support

If you’re concerned that a course of action ventures into potentially dangerous legal territory, always seek advice first. Bira members can call Bira Legal on 0345 450 0937 or email at any time for commercially-savvy advice on your individual situation. To enquire about becoming a Bira member, call 0800 028 0245 or email today.

Bira Legal is provided by leading employment law specialists Ellis Whittam. If you require more hands-on support, including help producing tailored contracts, policies and procedures, call 0345 226 8393 to enquire about their unlimited, fixed-fee service.