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Sex discrimination: Refusal of part-time work not indirect sex discrimination

This report relates to 1 case(s)

  • expand disabled

    MacMillan v Ministry of Defence (Royal Navy) [2004] All ER (D) 429 (Nov) EAT (0 other reports)

Key points

In Ministry of Defence (Royal Navy) v MacMillan, the EAT holds:

  • In a case where an employer refused a request by a female employee having childcare problems to work part time, the tribunal had seriously misdirected itself by finding indirect discrimination when no evidence was adduced to the effect that anybody else was similarly affected by the employer's full-time policy.
  • In order to establish disparate impact, it will not always be necessary to identify a specific pool of comparison, although it will usually be the only way to do so.