Year 2 ILEX (Employment Law)
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The third requirement Deirdre must establish is that the imposition of the condition is not justifiable irrespective of sex. This defence available to the employer has had a somewhat chequered history. In Steel v UPOW (1978) Phillips LJ stated that the employer had to establish that the condition was necessary and not merely convenient to establish the defence.
This stringent test was watered down by the Court of Appeal in Ojutiku v Manpower Services Commission (1982) where that court said that whether the employer was justified in imposing the requirement depended on whether his decision 'would be acceptable to right thinking people as (having) sound and tolerable reasons for doing so'.
The ECJ in Bilka-Kaufhaus v Weber von Hartz (1987) stated that the employer had to show 'objectively justified' grounds and Hampson v DES (1989) stated that to show that a condition is justifiable 'requires an objective balance to be struck between the discriminatory effect of the condit ...
