Question
Mr Elton applies for a job as a toy manufacturer at North Pole Toy Manufacturing Co. From all the candidates that were interviewed by the
Mr Elton applies for a job as a toy manufacturer at North Pole Toy Manufacturing Co. From all the candidates that were interviewed by the company Mr Elton is the best qualified and most experienced candidate. Mr Elton is unfortunately not employed as he is informed that he is too big. The policy of company states that only employees that come with the maximum height and weight (30 kilograms) restrictions provided for in the company will be employed. Mr Elton is much larger than the maximum height and weight restrictions provided for in the company recruitment policy. Discuss the likelihood of Mr Elton's succeeding with a claim for unfair discrimination and whether there are any defences available to North Pole Manufacturing Co. for unfair discrimination. You are required to refer to the Harksen v Lane case.
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