Refusal of job share

Case 8: The facts

Full-time administrator Aileen Brown asked to reduce her hours after having a baby. Her employer advertised once for a job-sharer, unsuccessfully, and was told by an agency that it would be difficult to find someone to work the specified hours. The employer refused Brown's request.

Brown claimed sex discrimination, arguing that more could have been done to find a job-sharer. The issue on appeal was whether the employer could justify applying the discriminatory requirement that Brown work full-time.

The ruling

The Employment Appeal Tribunal upheld the tribunal's decision that the employer had justified its refusal to allow Brown to work part-time, and that there was no unlawful discrimination.

There had been no obligation on the employer to take all reasonable steps to find the employee a job share. Deciding whether discrimination was justified involved weighing up the effect of the discrimination and the commercial interests of the business, and always depends on the particular facts.

Brown v McAlpine EATS/0009/05