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Discrimination – Employment. The employee appealed against a decision of the employment tribunal, which dismissed his claim of indirect age discrimination. The Employment Appeal Tribunal, in allowing the employee's appeal, determined that the tribunal had erred in law in its approach to the question of 'particular disadvantage' for the purposes of s 19(2)(b) of the Equality Act 2010. Further, it had not given reasons which complied with Meek v City of Birmingham District Council [1987] IRLR 250, for its conclusion as to whether the provision, criterion or practice which the employer had applied had been a proportionate means of achieving a legitimate aim, for the purposes of s 19(2)(d) of the Act.
Discrimination – Employment. The employee appealed against a decision of the employment tribunal, which dismissed his claim of indirect age discrimination. The Employment Appeal Tribunal, in allowing the employee's appeal, determined that the tribunal had erred in law in its approach to the question of 'particular disadvantage' for the purposes of s 19(2)(b) of the Equality Act 2010. Further, it had not given reasons which complied with Meek v City of Birmingham District Council [1987] IRLR 250, for its conclusion as to whether the provision, criterion or practice which the employer had applied had been a proportionate means of achieving a legitimate aim, for the purposes of s 19(2)(d) of the Act.
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