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
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
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