Refusing a flexible working request may be discriminatory
The Employment Appeal Tribunal has held that an employer that refuses a flexible working request from a female employee may be liable for sex discrimination, even if it has complied fully with the rules on the right to request flexible working.
The Employment Appeal Tribunal in Starmer v British Airways, upholding the decision of the employment tribunal, has held that a female pilot had been discriminated against on the grounds of sex when she was refused a request to work part-time. Jessica Starmer, who had been moved to ground duties when she became pregnant and reduced her hours to 75% when she returned from maternity leave, was not allowed to reduce her working hours by 50%, in order to spend more time with her daughter.
The airline had argued that the decision to turn down her request to reduce her working hours by 50% was based on health and safety reasons. It only allows pilots to reduce their hours to below 75% when they have accumulated 2,000 flying hours, so that they have sufficient exposure to 'unusual situations' such as bad weather, diversions, technical problems and delays. At the time, she had only accumulated around 1,000 hours.
British Airways is seeking leave to appeal to the Court of Appeal.
Flexible working requests must not be taken lightly By Pam Loch of Fladgate Fielder, writing in Personnel Today, analyses the employment tribunal's original decision.
Flexible
working laws will not be extended to all employees Personnel Today's
Michael Millar reports.
EOC
calls for extended rights to request flexible working XpertHR
reports.
Work and Families: Choice and Flexibility Part one, Part two, Part three and Case study Caroline Blackwood of Osborne Clarke presents a series of articles on the Government's recently issued consultation document setting out its plans to improve the situation for working parents and other carers. From XpertHR's ongoing series looking at hot topics in employment law.
Flexible Working Regulations
IRS Employment Review examines the two sets of Regulations that
contain the detail of the new right to request flexible working.
How to deal with
requests for flexible working XpertHR's How to section outlines the
steps to be taken by employers in order to comply with the law on requests for
flexible working.
Part-time
workers and Right to request flexible
working XpertHR's employment law reference manual has guidance
on part-time workers and the right to request flexible working.
Sex discrimination - the basics XpertHR's employment law reference manual provides guidance on how to avoid direct and indirect sex disrcrimination in the workplace.