GMB v Allen - Indirect discrimination and justification: the end can justify the means [2007] EAT

As part of the process of resolving equal pay issues in local authorities, the GMB union encouraged Mrs Allen and other (female) members to settle their equal pay claims against Middlebrough Council on terms which seriously undervalued the claims. This was to ensure that the Council still had sufficient money to provide pay protection for other members (predominantly male) under the single status agreement which had been reached. The orginal tribunal held that GMB's failure to support Mrs Allen was indirect sex discrimination.