Right to work part-time

Case 17: The facts

Adele MacMillan had worked for the Royal Navy for many years. Following a change of work location, she asked to work part-time, but this was contrary to the Navy's policy that anyone on the "full strength" list cannot work part-time.

MacMillan had declined to move house after the work move, and so was making a daily round trip of 120 miles and had to make childcare arrangements.

The ruling

MacMillan had been unable to establish that her working arrangements constituted a detriment that had a disproportionate effect on women, the EAT held. She had been unable to provide any evidence that other women employed full-time in the Navy were suffering a detriment.

The requirement that she travel 120 miles each day was not a condition of her employment, so the EAT could not accept a blanket declaration that working mothers were affected differently from men.

MOD v MacMillan EATS/0003/04