Sex discrimination

[ThatBloodyWoman]

A quick question,please!

If an employer changes an employees working hours without any contractual right to do that,and the employee has children and has previously negotiated hours because of childcare issues,thus refuses the new hours because of those childcare issues.....would this be indirect sex discrimination,and what does that mean(ie how does it differ and from direct sex discrimination and what are the remedies?)

Many thanks!

I dont think it can be considered indirect sex discrimination because men can have issues with child care and sadly having children/ childcare issues is not a protected area.

You could possibly bring a case for constructive dismissal if you are forced to resign because of the company decision though but is not an open and shut case sadly.

It could be indirect - it's irrelevant whether a man could have childcare issues. The fact is that in the majority of cases it's the woman who works fewer hours because of childcare and that's what makes it indirect sex discrimination. (Direct is if selecting people based on their sex.)

What does your contract say about your hours?

I corrently have fixed hours within school hours titchy,and that is contractual.I also have full employment protection.

Are you in a union? If so, run it by them.
I am going through something similar myself. My job hours have not only been made 'out of hours' but, also, my job has moved so I now have a 50 mile commute.
The union are bringing in a solicitor. I have been in the role almost 20 years. New manager causing huge problems!

An organisation can vary terms and conditions if a number of things happen. Mainly, that there is a reason or requirement (business case) to make changes; that there is consultation to discuss the proposed changes and listen to alternative suggestions; and that there is agreement to change the T&C's. Without one or more of these points being addressed, there is risk of employment laws being breached (ie discrimination, constructive dismissal)

More information on what an employer can do is here -ACAS Variation of contract of employment Guidelines

Even without agreement, an employer could chose to change your T&C's by issuing notice and re-employing you on the new terms. This is seen as a risky option for employers, but one that is followed by many when an agreement can't be reached and the changes still need to happen. It puts the employee in a position of deciding to a) accept the new terms or b) resigning (and potentially claiming constructive dismissal)

So with all this in mind, in your particular situation are they only changing your hours and not anyone else's? Have they given you a reason for changing? Why do you think it is because you have children? Have you put forward any alternative suggestions (or been given the opportunity to do so?)