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Sex discrimination: Refusal of jobshare was not direct discrimination

This report relates to 1 case(s)

In British Telecommunications plc v Roberts and Longstaffe [1996] IRLR 601, the EAT holds that a request to jobshare after maternity leave is not covered by the special protection accorded to women during pregnancy and maternity leave. Accordingly, an industrial tribunal erred in finding that an employer's refusal to permit two women to jobshare on returning from maternity leave constituted direct discrimination on grounds of sex in accordance with the decision of the European Court of Justice in Webb v EMO Air Cargo (UK) Ltd [1994] IRLR 482. But the EAT remits the case for the tribunal to consider whether the employer's hours requirement amounted to indirect sex discrimination against the women.