In Allen and others v GMB [2008] EWCA Civ 810 the Court of Appeal restored a tribunal decision that the GMB had indirectly discriminated against its female members who had equal pay claims. The GMB had recommended settlement of their claims as part of a deal with Middlesborough City Council in which the union had attempted to strike a balance between back pay, future pay and pay protection. The Court of Appeal upheld the tribunal's decision that, although the union was pursing a legitimate aim, its manipulation of its female members into settling their equal pay claims had not been a proprotionate means of achieving that aim and therefore was not justified.