Hampson v Dept of Education and Science

Hampson v Department of Education and Science [1989] ICR 179 is a UK labour law case, concerning the test for justification of discrimination.

He set out the current approach for justification, relying on Rainey v Greater Glasgow Health Board which incorporated the test given in Bilka-Kaufhaus GmbH v Weber von Hartz.

[It] requires an objective balance between the discriminatory effect of the condition and the reasonable needs of the party who applies the condition….

the employer had to show a real need on the part of the undertaking, objectively justified, although that need was not confined to economic grounds; it might, for instance, include administrative efficiency in a concern not engaged in commerce or business.

Clearly it may, as in the present case, be possible to justify by reference to grounds other than economic or administrative efficiency.The approach given in the dissent was preferred on appeal to the Lords, who overturned the decision on the issue of immunity.