Where you have a female operations / production manager who has requested part-time working (compressed hours) of 4 days a week instead of 5 due to family-related reasons (new baby). Are we at risk if the sole basis for refusing the request is that there is a daily (Monday - Friday) management requirement?

Posted in : First Tuesday Q&A NI on 4 December 2012
Arthur Cox
Arthur Cox
Issues covered:

The risk of refusing such a request is that a Tribunal may decide you are indirectly discriminating against that female employee by applying a provision, criterion or practice (PCP) to her role which would put female employees at a particular disadvantage compared with male employees, unless the PCP can be objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

There has been an interesting local case with similar facts recently. In Julie Muldrew v Board of Governors of Larne Grammar School, the Claimant was a teacher who was appointed Head of Year in 2008. In September 2011, the Claimant sought to reduce her working hours from five days

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

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