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Discrimination: Refusing jobshare may not be sex discrimination

This report relates to 1 case(s)

In Clymo v Wandsworth London Borough Council the EAT upholds an industrial tribunal's decision that the council did not indirectly discriminate against an employee when it turned down her application to jobshare on her return from maternity leave. The obligation to work full time, the EAT says, could not be regarded as a requirement or condition imposed by the council, and even if it could, the employee was able to comply with it: it was only her personal preference to share the care of her child that prevented her working full time.