Some legislation limited redundancy and other rights to those working under 8 hours a week. Commission argued that this constituted indirect discrimination against women, who formed the vast majority of part time workers. HL accepted this, and that since there was no objective justification for the discrimination the legislation was in breach of article 141 (equal pay article). It also considered that the burden of justification lay on the SoS.
Lord Keith: There was no adequate evidence adduced by SoS (and lots of counter evidence) that reduced protection for those working under 8 hours per week actually increased the availability of part-time work, which is how the SoS attempted to justify the ID. Since the burden of evidence of justification is on the party raising it as a defence, the justification defence failed here.