Question from mandy, Could Phoebe’s Request Denial Be Indirect Discrimination?
Answer from AI:
In the UK, the refusal of Phoebe’s request to work part-time upon returning from maternity leave could potentially lead to a claim of indirect discrimination. This is particularly relevant under the Equality Act 2010, which protects employees from discrimination based on certain protected characteristics, including sex and maternity.
Understanding Indirect Discrimination
Indirect discrimination occurs when a policy or practice that applies to everyone equally disadvantages a particular group of people who share a protected characteristic. In Phoebe’s case, the refusal to allow flexible working hours could disproportionately affect women, who are more likely to be primary caregivers.
Relevant Legal Framework
– Equality Act 2010: This act makes it unlawful to indirectly discriminate against someone because of a protected characteristic, such as sex or maternity.
– Flexible Working Regulations: Employees with at least 26 weeks of continuous service have the right to request flexible working arrangements. Employers must consider these requests in a reasonable manner.
Case Law Examples
Several cases have addressed issues of indirect discrimination related to flexible working:
1. British Airways plc v Starmer [2005]: In this case, the Employment Appeal Tribunal found that a refusal to allow part-time work could constitute indirect sex discrimination if it disproportionately affected women.
2. Henderson v GMB [2006]: This case highlighted that policies requiring full-time work could indirectly discriminate against women, who are more likely to have childcare responsibilities.
Steps Phoebe Could Consider
If Phoebe believes the refusal was discriminatory, she might consider the following steps:
- Request Written Reasons: Ask the employer for a written explanation of the refusal.
- Internal Grievance: File a grievance with the employer, outlining the potential for indirect discrimination.
- Seek Mediation: Consider mediation to resolve the issue amicably.
- Employment Tribunal: If unresolved, Phoebe could bring a claim to an Employment Tribunal for indirect discrimination.
When to Seek Legal Advice
Given the complexity of discrimination claims, it is advisable for Phoebe to consult with a legal professional who specializes in employment law. They can provide personalized advice and help assess the strength of her case.
For more detailed information, you can refer to the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents) and the [Flexible Working Regulations](https://www.gov.uk/flexible-working).
Understanding the nuances of employment law and discrimination claims is crucial, and professional legal advice can ensure that Phoebe’s rights are adequately protected.
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