Anna Owens

Anna Owens, who was supported by the Equality Commission, successfully brought an indirect sex discrimination case.

Before starting work at the hotel Ms Owens had verbally agreed a fixed three-day working week which enabled her to balance work with her childcare responsibilities.

For more than 18 months, Ms Owens worked those agreed days with occasional changes, when sufficient notice was given and if she could secure childcare. The tribunal found that this working pattern formed part of her contract of employment.

Following the appointment of a new general manager, Ms Owens was told that, in the interests of fairness to other staff, she would be required to work a fully flexible seven-day rota. She was the only receptionist with childcare responsibilities.

Ms Owens explained that she had a fixed hours agreement in place, and this change was not feasible with her childcare arrangements. She says the manager told her that her childcare needs were nothing to do with him and were her responsibility.

Despite raising her concerns and using the employer’s grievance process, her agreed working pattern was not permanently restored. As a result, she was unable to work some shifts, suffered a reduction in hours and earnings, and eventually resigned before bringing legal proceedings.

The tribunal found that requiring Ms Owens to work a fully flexible seven-day rota placed her at a particular disadvantage because of her childcare responsibilities.  It concluded that this amounted to unlawful indirect sex discrimination as the employer failed to justify the requirement as a proportionate way of meeting legitimate business demands.

Ms Owens said: “I’m just a mum who wanted to work to provide for my family.  I just needed my employer to work with me to let me do my job.  I felt betrayed and deflated that I was less of a contributing team member because of my childcare responsibilities. I hope I have made a difference for other parents who are trying to balance work and caring responsibilities.”

Chief commissioner of the Equality Commission for Northern Ireland, Geraldine McGahey, said: “Women continue to carry the greatest share of caring responsibilities in our society. Proper consideration of flexible working requests by employers can help them to retain experienced staff while supporting working parents.

“The decision to move to a flexible working rota in this case was not made out of business need but presented as in the interests of fairness. Yet it proved to put Ms Owens at an unfair disadvantage and caused her unnecessary stress.

Mr Barry Mulqueen BL appeared for the claimant instructed by Therese Connolly of the Equality Commission for Northern Ireland.