Nationwide Employment Lawyers
Legal enquiries and clients : 0333 242 3851
Get in Touch
Service Rating: Damian McCarthy 5 starts - Service Rate
  • About Us
    • Contact
    • Howell John
    • Damian McCarthy
    • Simon Armstrong
    • Case Studies
    • Employment Law News
  • Employee Services
    • Questionnaire
    • Contact
    • Locations
    • Dismissal
    • Whistleblowing Law
    • Discrimination
      • Sex discrimination
        • Maternity rights in employment
        • Pregnancy or maternity discrimination
        • Returning to work and flexible working
        • Health and safety for pregnant women in the workplace
        • Sexual Harassment
      • Disability discrimination
      • Race discrimination
    • Equal Pay
    • Bullying and Harassment
    • Family Friendly Rights
    • Disciplinary and grievance hearings
    • Contracts
    • Transfer of Undertakings
    • Agency workers and part time workers
    • Privacy at work
    • Constructive dismissal
    • Resignation letter templates
      • Constructive dismissal letter template
      • Standard notice resignation letter template:
      • Short or long notice request template
    • Health and Safety at Work
  • Locations
    • London – Berkeley Square
    • London – Canary Wharf
    • London – Croydon
    • London – Hammersmith
    • London – High Holborn
    • London – King’s Cross
    • London – Liverpool Street
    • London – London Bridge
    • London – Richmond
  • Case Studies
    • A v PWC
    • P v S (confidential)
    • Moira Stuart quits, reigniting BBC ageism row
    • Married HBOS bank manager propositioned by colleagues
  • News
  • FAQ
  • Contact



New Mother Given Fresh Hope in Sex Discrimination Claim

It is a fundamental tenet of the English legal system that those on the losing side in litigation are entitled to know the reasons for their defeat. In a case which underlined that principle, a teacher who was refused permission to work part time after returning from maternity leave had her compensation hopes boosted by a tribunal.

 

The woman, who taught children with special needs, was refused permission to work a four-day week on the basis that her pupils required stability and continuity. Her employer accepted that the requirement that its staff work a full five-day week disadvantaged her and others in the same position. However, it was also common ground that the policy was designed to achieve a legitimate aim and was not an act of maternity discrimination.

 

In rejecting the woman’s complaint of indirect sex discrimination, an Employment Tribunal (ET) recognised that a difficult balancing exercise was required. It concluded that the policy was proportionate in that the benefit it achieved for the woman’s pupils outweighed its discriminatory impact on her.

 

In upholding her challenge to that ruling, the Employment Appeal Tribunal noted that, after summarising the largely undisputed factual background, the ET had given a one-line answer to the central issue in the case. The paucity of reasoning meant that it was impossible to be sure that the ET had given the case the level of scrutiny required. The matter was sent back for re-hearing by a fresh tribunal.




Social Share
  • google-share

Our specialist areas of law

  • Employment Tribunals
    • Employment Tribunals London
  • Dismissal
    • Unfair Dismissal
    • Constructive Dismissal & Resignation Advice
    • Compromise agreements
    • Executive Dismissal
    • Whistleblowing Law
    • Redundancy claims
    • Age Discrimination & Redundancy – Protection for all Ages In Redundancy
    • Collective redundancy
  • Whistleblowing
    • Whistleblowing Law
  • Discrimination (overview)
    • Discrimination at work – overview
  • –– Sex Discrimination
    • Maternity rights in employment
    • Pregnancy or maternity discrimination
    • Returning to work and flexible working
    • Health and safety issues for pregnant women in the workplace
  • –– Disability discrimination
    • Disability discrimination
  • –– Race discrimination
    • Race discrimination
  • –– Age discrimination
    • Age discrimination in recruitment and selection
    • Age discrimination – your rights at retirement
    • Age discrimination and redundancy – protection for all ages in redundancy
    • Age discrimination and pensions
    • Age discrimination and benefits
  • –– Sexual-orientation discrimination
    • Sexual-orientation discrimination in goods and services
  • –– Religious discrimination
    • Religious discrimination
  • –– Gender reassignment discrimination
    • Gender reassignment discrimination
  • Equal pay
    • Equal pay
  • Bullying and Harassment
    • Bullying and harrasment at work
  • Family-friendly rights
    • Family leave
    • Maternity rights in employment
    • Pregnancy and maternity discrimination
    • Return to work and flexible working
    • Health and safety for pregnant women in the workplace
    • Paternity rights
    • Maternity
    • Part-time workers
  • Disciplinary and Grievance Hearings
    • Disciplinary Hearings & Procedures
    • Grievance procedures
  • Contracts
    • Bonus disputes and discrimination
    • Bonus disputes
    • Bonus discrimination & The Risks Associated With It
    • Contract disputes and permanent health insurance
    • Employment contract disputes – restrictive covenants
  • Transfer of Undertakings
    • Transfer of undertakings (TUPE)
  • Agency Workers and Part Time Workers
    • Agency workers
    • Part-time workers
  • Privacy at Work
    • Privacy at work
  • Letter Templates
    • Constructive dismissal letter template
    • Standard notice resignation letter template:
    • Short or long notice request template

Contact Us

  • We will be able to help you quickly if you leave us a contact phone number. We keep this strictly confidential.
  • This field is for validation purposes and should be left unchanged.

Quick Links

Navigation

About Us
Employee Services
Locations
Case Studies
News
FAQs
Contact

Terms

Privacy statement
Terms

Copyright Notice | Disclaimer | Website Terms & Conditions | Privacy Statement
ACAS | EHRC
Nationwide Employment Lawyers Ltd is Authorised and Regulated by the Financial Conduct Authority. For peace of mind you can find information about our authorisation by checking the Registration number 838365 on the Financial Services Register : register.fca.org.uk. Please note all telephone calls are recorded, as required by the regulator. Nationwide Employment Lawyers Ltd is not a firm of solicitors. Instead we offer an exceptional level of service using specialist employment law Solicitors, Barristers and a Senior Advocate.
Please contact us using either the questionnaire, quick contact form (above) or telephoning us on 0333 242 3851.