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Sex discrimination: Minimum 75% full-time hours policy is indirectly discriminatory

This report relates to 1 case(s)

Key points

In British Airways plc v Starmer 21.7.05, EAT/0306/05/SM, the EAT holds:

  • The tribunal was entitled to find that a decision by the employer not to allow the employee to work part-time at 50% of her full-time hours, but only at 75%, was a "provision, criterion or practice" for the purposes of s.1(2)(b) of the Sex Discrimination Act 1975.
  • This provision, criterion or practice had a disparate impact on female employees, who were more likely to have childcare or family responsibilities than male employees, and was not justified.