Indirect sex discrimination when an employer is imposing a change in terms and conditions

If your employer tries to make you work different hours or in a different place and you cannot comply because of your childcare responsibilities then you may have a claim for indirect sex discrimination if you are a woman. The reason for this is that statistics show that more women than men take the main responsibility for childcare in society in general. As a result, a change in hours of work may have a worse effect on women employees than it does on men. If this is the case for you, you may be able to argue that your employer is indirectly discriminating against you by insisting you change your hours.

However, if your employer can show there is a really good business reason for the change and that their actions are a proportionate means of achieving a legitimate aim then your claim would not be successful. To do this, they would have to clearly show:

• that there was a genuine business reason for the change, and
• that it was necessary to change your particular way of working, taking into account the effect on you personally, of the proposed change.

So, even if there was a genuine need for the change your employer would need to look at other ways of organising the work so that you personally did not have to change, for example, employing an additional part-timer to work on Saturdays instead of requiring you to do it.

Men are not able to claim indirect sex discrimination.  A man would have to try and argue that direct sex discrimination had taken place.