Part-time and Flexible Working

An employer does not have to grant a request to work part-time, although an unreasonable refusal may amount to indirect sex discrimination.

It is also discriminatory to treat a part-time worker less favourably than a comparable full time worker – that is – an worker doing, broadly speaking, the same work but doing it on a full-time basis. For example, it is discriminatory for an employer to pay a part-time worker less pro-rata than a comparable full-time worker. These types of claims are often brought together with indirect sex discrimination claims, as it tends to be women who are part-time workers.

Since 2003, workers with children under the age of six (or if disabled 18) and who have been working for six months have been entitled to request flexible working arrangements. The Flexible Working Regulations do not give employees the right to flexible working, but if an employee makes a request under the Regulations, an employer has a duty to properly consider it.

An employer does not have to grant the request and can refuse it on one of the following grounds: (a) additional costs; (b) detrimental effect on ability to meet customer demands; (c) inability to recruit additional staff; (d) deterimental impact on quality or performance; (e) insufficient work during the periods the employee proposes to work; and (f) planned structural changes.

This is a serious duty and a failure of this duty may result in a finding of indirect sex discrimination if the employer cannot justify his/her refusal on one of the above grounds.