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Even there, it was rejected that a gay person could be dismissed from a job as a cleaner or bookshop worker, if that was incompatible with the religious ""ethos"", because the ethos would not be a genuine requirement to carry out the job. Indirect discrimination, after a neutral practice puts a member of a group at a particular disadvantage, is not made out if there is an ""objective justification"".
In most cases, this will be a justification based on business necessity. Given the particular disadvantage this caused women it was hard to justify. In domestic equal pay claims based on gender, instead of ""objective justification"", the old terminology still used is that there must be a ""genuine material factor"", found in EA section Despite different headings, the same underlying concepts are present as for objective justification, with the need to show a ""legitimate aim"" and that action is ""proportionate"" to such an aim.
In Clay Cross Quarry Services Ltd v Fletcher  Lord Denning MR held that an employer could not justify paying a young man a higher wage than an older lady who in fact trained him on the basis that this was what the employer had to pay given the state of the job market. Thus, the ""objective justification"" was said to be an organisational necessity.