This Practice Note examines what is meant by Justification, sometimes referred to as the ‘justification Defence’, in the context of Discrimination under the Equality Act 2010 (EqA 2010).
This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law
Domestic laws that have been made to implement UK obligations under EU law, such as the obligation to implement a Directive (eg Directive 2000/78/EC, the Equal Treatment Framework Directive) are assimilated law. For further information, see Practice Note: Assimilated law.
A proportionate means of achieving a legitimate aim
Unlike direct discrimination (except direct age discrimination—see Age: both direct and indirect discrimination may be justified, below), indirect discrimination can be justified (see Practice Note: Indirect discrimination). The justification defence will be made out if the respondent can show that the provision, criterion or practice (PCP) amounting to indirect discrimination was a proportionate means of achieving a legitimate aim.
The test can be broken
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