Vasco - the Judge looked at it and decided it WAS discrimatory
"Where a standard test had negative impacts on members of a protected group, here women, then it either needs to be changed or objectively justified, “ said the judge.
The judge agreed women were at particular disadvantage compared with men and awarded Miss Carter a total of £14,930 for indirect sex discrimination.
Sounds like they didn't or couldn't justify the test.........
In a very different field a Company I work for recently lost a case on much the same basis - "Custom & Practice" was not considered to be acceptable when these days you could do a calculation and document it.............