If an employer can show that its actions were a proportionate means of achieving a legitimate aim (objective justification), it might be able to avoid liability. Objective justification cannot be used to avoid liability against all discrimination, for example direct discrimination is not generally justifiable.
If an employer is seeking to rely on objective justification as a defence to a discrimination claim it will need to prove the justification to the tribunal. The burden of proof will be on the employer. The employer will need to show there was a legitimate aim, corresponding to a real business need, and that the employer’s actions were a proportionate means of achieving the legitimate aim.
The law around discrimination in the workplace is a complex field. Our solicitors have a tremendous range of experience and expertise to help you navigate employment law. We can help ensure that your business is protected and has robust procedures in place to deal with any claims of this nature. If you have received a claim from an employee, worker or job applicant it is important that you seek advice as soon as possible.