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Employer’s decision must be objectively justified not underlying policy

14 October 2016 #Employment


In the case of Buchanan v The Commissioner of Police of the Metropolis, the EAT gave useful guidance on the objective justification defence available to employers in certain discrimination claims.

Mr Buchanan (a policeman who had been on long term sick leave) claimed that the application of his employer’s absence management policy amounted to discrimination arising from his disability. When considering the question of whether the treatment could be objectively justified, the Employment Tribunal decided that the employer was only required to justify the policy itself and not specific actions taken under it. 

The EAT disagreed and made clear that if the policy gives a manager an element of discretion it will be their decision that needs to be justified not merely the policy itself. Only when a policy contains a mandatory rule (which in sickness absence policies are rare) would the policy itself need to be justified.

Following this decision employers should be aware that, particularly with absence management procedures, it will likely be the employer’s application of the policy that will be considered and not the potentially easier defence of justifying the reasons for the policy itself.

For further information on how our employment lawyers can support you with a discrimination claim please contact employment@clarkslegal.com 

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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Michael Hibberd

Michael Hibberd
Senior Solicitor

E: mhibberd@clarkslegal.com
T: 0118 953 3905
M: 0779 900 7511

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