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Sex Discrimination: Refusal of part-time hours after maternity leave justified

This report relates to 1 case(s)

Key points

In Brown v McAlpine & Co Ltd 22.09.05, EATS/0009/05, the EAT holds:

  • The tribunal had taken the correct approach in determining the discrimination issue, namely, by considering whether the decision not to offer job-sharing was justified at the time, not by considering whether the steps taken by the employer to find a job-share partner were reasonable.
  • Further, determining the question of justification of sex discrimination was a matter of considering whether, objectively, the discriminatory effect of the provision, criterion or practice was outweighed by the legitimate commercial interests of the employer, based on the individual facts.
  • Therefore, the tribunal did not err by treating the question of reasonable steps as irrelevant but had correctly applied the necessary judgment to facts that they were entitled to find as established.