Jones v University of Manchester [1993] ICR 474 is a leading discrimination case relevant for UK labour law, concerning the test for justification of indirect discrimination.
Tribunal held the pool for comparison was men and women who got degrees when they were aged 25 or over.
The Employment Appeal Tribunal held (following Perera on the absolute bar approach) that the pool had been artificially restricted, and on justification it had ‘effectively dismissed the matters relied upon by [the University] once it was demonstrated that they were not essential.’ Ralph Gibson LJ held that the Tribunal was entitled to find the age requirement discriminatory so long as proof of disparate impact was shown.
However, the correct pool for comparison was all male and female graduates with necessary experience.
Further, the Tribunal was right to construe ‘justifiable’ in Sex Discrimination Act 1975, section 1(1)(b)(ii), to mean an objective balance between the condition’s discriminatory effect the employer’s reasonable needs.