Woman awarded £20k for hotel's indirect sex discrimination

A receptionist and mother has been awarded £20,500 for her case of sex discrimination against a Northern Ireland hotel.

Anna Owens' case, supported by the Equality Commission for Northern Ireland, was heard at an industrial tribunal.

Owens worked as a receptionist at the Westville Hotel in Enniskillen, Co Fermanagh. She had a verbal agreement to have a fixed three-day working week, enabling her to balance both work and childcare responsibilities.

She worked this arrangement for more than 18 months, with occasional changes, when sufficient notice was given and if she could secure childcare. The tribunal found that her working pattern formed part of her contract of employment.

After the hotel appointed a new general manager, her employer told Owens she would need to work a fully flexible seven-day rota in the interest of fairness to other staff, even though she was the only receptionist with childcare responsibilities.

Owens explained that she had a fixed-hours agreement and this change was not practical with her childcare arrangements. She told the tribunal that the new manager had said: "Her childcare needs were nothing to do with him and were her responsibility."

Despite raising concerns using the hotel's grievance process, Owens' agreed working pattern did not get restored. As a result, she could not work certain shifts, which resulted in a reduction in her hours and earnings. Owens eventually resigned and commenced legal proceedings.

The industrial tribunal found that requiring Owens to work a fully flexible seven-day rota placed her at a particular disadvantage because of her childcare responsibilities. It concluded that this amounted to unlawful indirect sex discrimination as the hotel failed to justify the requirement as a proportionate way of meeting legitimate business demands.

Owens said: "I'm just a mum who wanted to work to provide for my family. I just needed my employer to work with me to let me do my job. I felt betrayed and deflated that I was less of a contributing team member because of my childcare responsibilities. I hope I have made a difference for other parents who are trying to balance work and caring responsibilities."

Geraldine McGahey, chief commissioner at the Equality Commission for Northern Ireland, said: "Women continue to carry the greatest share of caring responsibilities in our society. Proper consideration of flexible working requests by employers can help them to retain experienced staff while supporting working parents.

"The decision to move to a flexible working rota in this case was not made out of business need but presented as in the interests of fairness. Yet it proved to put Ms Owens at an unfair disadvantage and caused her unnecessary stress."

A statement from the Cassidy Hospitality Group, which operates the Westville Hotel, said: "Ms Owens was a valued and highly regarded member of our reception team, and we were genuinely sorry that her employment with us ended as it did.

"We note the tribunal's judgment and are considering it carefully with our legal advisers, including whether to appeal, so it would not be appropriate to comment on its detail.

"The hotel employs many working parents and carers, is committed to equality of opportunity for all of its staff, and is strengthening its policies, training and procedures with external advice to support flexible working wherever business needs allow."