to think that this is sexual discrimination?

[kumquatsarethelonelyfruit]

The vast majority of SAHP are women. Like me. I have been at home, raised my kids and 5 years later NEED to go back to work (pressing financial reasons) but apparently I am no longer employable as a teacher because I have forgotten everything I have ever learned. I can't even do supply as the agencies require you to have classroom experience within the last 2 years. One supply agency said they would consider taking me on as a TA (would only break even on childcare costs). This is despite me continuously working as a tutor and GCSE examiner! I am so pissed off. I have a good degree from a good university and got top grades in my PGCE. What the frig was the point in any of it? AND I still owe 7k in loans! To make matters worse they will employ cover supervisors with any degree and no teaching qualification but not take me on their books as I have no reference from the last two years. I feel so angry. I will never regret being at home with my kids but I know from here that there are so many women in my position and it is wrong and unfair both on SAHP and their children.
OH, and I can't even take a return to teaching course as the Tories have axed them :(

I really don't think it's discrimination. If you'd taken five years off to travel the world or write your novel, would you expect to be treated differently? I also think (unfortunately) you're returning to a very different job market than the one you left 5 years ago. I'm completely happy with my freelance work atm but I know I'd really struggle to get another 'proper' job at the moment because the market is flooded with people from my industry, with my experience, who haven't been fannying about on MN freelancing for the past 2 years.

So YABU. But I still wish you luck in your job search.

Oh - just noticed you mentioned agencies. Agencies are about getting sales, so if a client has asked for an apple (ie said, oh we'd probably prefer someone with recent refs) it's not in the agency's interest to offer them an orange (something equally delicious but with no recent refs) - agencies have no imagination and are there to present applicants that fit the job spec exactly. You'll have no luck persuading them to change their minds, so I'd focus my job search on direct applications, where recruiters may be a bit more open-minded.

"Indirect sex discrimination occurs when an employer applies a provision, criterion or practice equally to both women and men that puts one sex at an unfair disadvantage."
but it's not 'unfair' really is it.If things have moved on a lot in 5 years I don't think it could be 'unfair' to want someone up to date

I agree with Wilson

Agencies are very unimaginative. Apply direct. Volunteer, use teaching contacts you have. This is the way to get a job after a break

But the EHRC example is specifically exclusion on the basis of a career break. This isn't exclusion on the basis of a career break. It's exclusion on the basis of lacking recent experience in this particular field, which is different. They're saying 'you need to have done this particular job recently'. Not 'you have to have been in employment'. You could have been working solidly as a circus artist or a banker or a spy. But if you hadn't been teaching, you still wouldn't qualify.