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objective justification


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Is a legal principle within European law that allows unequal treatment of employees when there is a prima facie case for equal treatment. For example, the Fixed-Term Contracts Directive states that a fixed-term worker's terms and conditions must be no less favourable than those of a comparable permanent employee unless the difference can be justified objectively. There is a four-stage test for objective justification: (a) there must be a clearly defined business need that shows measurable benefits arising from unequal treatment; (b) the requirement or condition that leads to unequal treatment must be an appropriate way of achieving that business need; (c) the requirement or condition must not be tainted by discrimination in any way; (d) the benefit to the business must far outweigh any discriminatory impact on the individual. This test is also applicable in cases of equal pay and the equal treatment of part-time workers.

(a) there must be a clearly defined business need that shows measurable benefits arising from unequal treatment; (b) the requirement or condition that leads to unequal treatment must be an appropriate way of achieving that business need; (c) the requirement or condition must not be tainted by discrimination in any way; (d) the benefit to the business must far outweigh any discriminatory impact on the individual.

Subjects: Human Resource Management.


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