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-timeSource
Electrical and Mechanical Contractor
Postscript
Paul Callegari is in the employment group of law firm Nicholson Graham & Jones.
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