Sex discrimination laws have been updated. We look at the new requirements and two recent tribunals.

  • The Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001 were implemented on 12 October 2001
  • The regulations amend the Sex Discrimination Act 1975 in respect of what employees have to show to begin a claim for indirect discrimination
  • The words “requirement or condition impacting more on women than men” have been replaced with “provision criteria or practice”, hence, all the employee now has to show is that such a provision, criteria or practice is to their detriment; the burden passes to the employer to prove justification
  • Unless an employer can justify a refusal to agree to family-friendly arrangements by reference to objective business reasons, it is likely that it will be found to have indirectly discriminated against the employee, resulting in an award of damages
  • Employers must give consideration to requests for changes to a working pattern or a refusal to agree to a change
  • Documentary evidence will prove invaluable to refute claims
  • Employees have no statutory, automatic right to work part or flexi-time

    • Source

    Electrical and Mechanical Contractor

    Postscript

    Paul Callegari is in the employment group of law firm Nicholson Graham & Jones.