Yes, says the Employment Appeals Tribunal in a recent decision that could see thousands of women with a right to refuse to work very early or late shifts where they have the primary responsibility of looking after children. The Equality Act 2012 requires women not to be discriminated against at work on the grounds of their sex. As the Tribunal found women are more likely than men to be disadvantaged by a requirement to work unsociable hours, as on average women are more likely than men to look after children, and provision criteria or practice which impacts more on women is discriminatory.
The ruling only applies to larger employers who have a sufficient pool of employees to cover the particular shifts. As such smaller employers will not need to be concerned by the changes. The changes are likely to allow mothers a better work life balance and should help in allowing working mothers to arrange adequate child care.
Andrew is a Commercial & Employment Law solicitor in Leicester. Our Solicitors in Leicester are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.
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