Age discrimination: Continuation of past age discrimination in form of transitional pay protection capable of justification

In Pulham and others v London Borough of Barking and Dagenham EAT/0516/08, the EAT held that it is open to an employer to seek to justify the adoption of discriminatory pay protection arrangements following the abolition of a discriminatory incremental pay scheme. However, in this case, the tribunal's decision to the effect that the employer was justified on the facts could not be upheld, because its approach to the assessment of justification was legally flawed.