A woman who was working full time before her maternity leave may want to return to work part time, job share or on different hours, either because of her domestic circumstances or because she needs to spend more time caring for her child(ren). There is no statutory right to do this, but from 6 April 2003, there is a right for her request to be able to work family-friendly hours to be considered seriously. If she goes back to work part time, her terms and conditions of employment should not be changed without her agreement. If her request for a more flexible working pattern is refused or her terms of employment are changed, she may also have a claim for indirect sex discrimination.
A woman does not have an absolute right to return to work part time, but if an employer refuses to allow a woman to return to work part time, she may be able to make a claim for unlawful indirect sex discrimination. This claim would be made under section 1 of the Sex Discrimination Act 1975 (in N. Ireland, section 3 of the Sex Discrimination (Northern Ireland) Order 1975). This says that an employer will have committed an act of unlawful sex discrimination if:-
a particular employment practice affects women unfavourably compared to how it affects men, for example, a requirement to work full time; and
the employer cannot show that the particular employment practice is necessary and appropriate to the effective achievement of the objectives of the business (that is, the employer cannot justify a refusal); and
a particular woman suffers a detriment as a result (that is, she cannot work the hours required of her).
If an employer refuses, after negotiation, to allow a woman to return part time, or to work other child-friendly hours, she can complain to an employment tribunal on grounds of indirect sex discrimination. There is no minimum length of time that a woman must have been working to make a sex discrimination claim, but she must make the claim within three months of the employer's refusal of part-time work. She will need assistance from a specialist in sex discrimination cases, and it would be useful for the bureau to discuss the case with the Equal Opportunities Commission (Equality Commission in N. Ireland) or with Maternity Alliance.
HTH