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.

  • British Airways Plc v Starmer EAT/0306/05   XpertHR's case law stop press service reports on the decision.

  • Response to tribunal's rejection of BA appeal in Jessica Starmer case   The Equal Opportunities Commssion gives its reaction to the decision.

  • 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.

  • Pilot wins sex discrimination claim   IRS journal European Industrial Relations Review reports on the employment tribunal's original decision.

  • Also

    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.