Direct sex discrimination where an employer is trying to change your terms and conditions

Direct sex discrimination is where an employer either treats men less well than women, or women less well than men.  Where an employer treats someone less well,  for instance by changing that person’s work pattern, for a reason connected to pregnancy, childbirth, maternity leave or breastfeeding, this is also direct sex discrimination.  

Women who are unable to work in the pattern required by their employer may be able to claim indirect sex discrimination, as well as or instead of direct sex discrimination, depending on what has happened.  Because the statistics show that more women than men have responsibility for childcare in society generally the indirect sex discrimination argument does not work for men.

However, fathers can make a claim for direct sex discrimination if women in their organisation are being given more flexibility than they are. So, if your employer is making a change to working hours but is making an exception for some female employees because of their childcare responsibilities then, as a man you may have a claim for direct sex discrimination if s/he does not do the same for you. 

You may also be able to make a claim if you can show that if there was a woman in your situation, she would be treated better.  You should get advice before making this argument.

If you are a married man you may be able to argue indirect marital discrimination, that is, that more married people have childcare responsibilities than unmarried people.  However you should seek advice before making this argument.