Wow! Am shocked at the number of posters who think the OP is being 'sexist' assuming that the impact of the government choosing to make the work available at a particular time would adversely affect parents with childcare responsibilities, and by extension, adversely impact more women than men (who on the whole shoulder a disproportionate share of childcare responsibilities.) OP - I don't know whether in this case it would be capable of challenge, but on the face of it, it could definitely be argued to be indirect sex discrimination. Employment tribunals have for a long time now accepted (prima facie) that women shoulder a disproportionate amount of childcare and do not require statistical evidence to prove this - it is treated as a fact of life by courts.
Indirect sex discrimination: Indirect discrimination applies to policies and practices which, in reality, disadvantage one gender considerably more than another although on the face of it, they seem to apply to both sexes equally. For example, a requirement to work full time might be more of a bar for women than men. To prove indirect discrimination, Tribunals have to consider four questions:
? Has the employer imposed a provision, criterion or practice?
? Does it put women at a particular disadvantage when compared with men?
? Does it disadvantage that woman?
? Can the employer show that the provision, criterion or practice is proportionate to the aim they are trying to achieve?
Employers can defend indirect discrimination, but they have to show that the provision, criterion or practice:
? Can be objectively justified on grounds other than sex
? Corresponds to a real need on the part of the employer
? Is appropriate to meeting that need
? Is necessary to meet that need
Examples of indirect discrimination are:
? Age bars, which can indirectly discriminate against women who often have taken time out from work to bring up children and therefore may acquire their qualifications later than men
? Any benefit which results from length of service may work against women who have taken time out from work to bring up their children
? Mobility clauses may discriminate. Often women are less able to relocate than men because of their family commitments or a reliance on their partner?s income as the primary wage earner
? Height or weight requirements which favour men rather than women
? Work that requires unsocial hours or a requirement to work full time may work against women with child care commitments