So my recollection is the quoted bit in Linsley was accepted as being just a correct statement of principle that the EAT in Hilaire were happy to attribute to Linsley, building upon Smith and fact that something is objective.
27.01.2025 18:29 โ ๐ 1 ๐ 0 ๐ฌ 1 ๐ 0
Ok this is not a direct answer but in Hilaire v Luton BC [2023] IRLR 122 at [12] it decoupled the objective point (Smith) from the point that the result of this is that employer not required to select best but just needs to be reasonable (effectively the Linsley point).
27.01.2025 18:27 โ ๐ 0 ๐ 0 ๐ฌ 1 ๐ 0
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