Could Phoebe’s Request Refusal Be Indirect Discrimination?

Question from jenny, Could Phoebe’s Request Refusal Be Indirect Discrimination?

Answer from AI:

In the UK, indirect discrimination occurs when a policy, practice, or rule that applies to everyone in the same way has a worse effect on some people than others, particularly those with a protected characteristic under the Equality Act 2010. In Phoebe’s case, the refusal to allow her to work part-time upon returning from maternity leave could potentially be considered indirect discrimination based on sex.

Understanding Indirect Discrimination

Under the Equality Act 2010, indirect discrimination happens when:

• A policy or practice is applied equally to everyone.
• The policy puts people with a certain protected characteristic at a disadvantage compared to others.
• The person affected is disadvantaged by the policy.
• The policy cannot be justified as a proportionate means of achieving a legitimate aim.

In Phoebe’s situation, the requirement for all property managers to work full-time could disproportionately affect women, who are more likely to have childcare responsibilities.

Protected Characteristics and Justification

The Equality Act 2010 lists several protected characteristics, including sex, which is relevant in Phoebe’s case. For the employer to justify the policy, they must demonstrate that it is a proportionate means of achieving a legitimate aim. This means:

1. The aim must be legitimate, such as ensuring a high level of service.
2. The means of achieving the aim must be proportionate, meaning there is no less discriminatory way to achieve the same result.

Steps Phoebe Can Take

Phoebe may consider the following steps:

1. Review the Company’s Policy: Understand the reasons given for the refusal and whether they align with the company’s stated policies.
2. Gather Evidence: Collect any evidence that shows the policy disproportionately affects women or those with childcare responsibilities.
3. Seek Mediation: Consider mediation or informal discussions with the employer to find a mutually agreeable solution.
4. File a Grievance: If informal discussions fail, Phoebe can file a formal grievance with her employer.
5. Legal Advice: Consult with a legal professional specializing in employment law to explore potential claims of indirect discrimination.

Legal Resources and Further Reading

Phoebe can refer to the following resources for more information:

• Equality and Human Rights Commission: What Equality Law Means for Businesses
• ACAS: Handling a Request to Work Flexibly

It is crucial for Phoebe to seek personalized legal advice to understand her rights and options fully. A legal professional can provide guidance tailored to her specific circumstances and help her navigate the complexities of employment law.