Mother awarded more than £20,000 in indirect sex discrimination case

A mother has been awarded more than £20,000 following an industrial tribunal ruling in an indirect sex discrimination case brought against a Co Fermanagh hotel.

Anna Owens, who had worked as a receptionist at the Westville Hotel in Enniskillen, argued that her agreed working pattern, which allowed her to balance childcare arrangements, had been changed.

Ms Owens was supported by the Equality Commission in the case.

The judgment was published on July 24 and awarded her £20,488.79.

The group that owns the hotel said it is considering the judgment, including whether to appeal.

Ms Owens told the tribunal that before beginning work at the hotel, she had verbally agreed a three-day working week.

She said she had worked these agreed days for 18 months with occasional changes when notice was given to allow her to secure childcare.

The tribunal found this working pattern formed part of her contract of employment.

Ms Owens said following the appointment of a new general manager at the hotel, she was told she would be required to work on a flexible seven-day rota.

She argued that the change to hours was not feasible with her childcare needs.

She told the tribunal that she was unable to work some shifts and suffered a reduction in hours and earnings.

Ms Owens eventually resigned and brought legal proceedings.

The tribunal ruled that the treatment of Ms Owens amounted to indirect sex discrimination.

The judgment said: “The tribunal is persuaded on balance the claimant was contracted to work 24 hours each week on a Tuesday, Wednesday and Thursday save where variation by agreement where childcare arrangements could be put in place.”

It said when the new working arrangement was imposed, the employer “failed to properly investigate, consider and fully address the concerns and difficulties” raised by Ms Owens.

It added: “The tribunal find the respondent’s unilateral variation of the claimant’s hours, shift pattern and flexible working arrangement alone amounted to a breach of fundamental express oral and otherwise implied terms of her contract of employment.”

The tribunal panel said it accepted Ms Owens’ evidence that the episode had “left a very damaging mark on her”.

The judgment added: “The tribunal consider the claimant’s upset was aggravated by high-handed approach of respondent introducing changes without regard for concerns raised by the claimant.”

Ms Owens said: “I’m just a mum who wanted to work to provide for my family.

“I just needed my employer to work with me to let me do my job.

“I felt betrayed and deflated that I was less of a contributing team member because of my childcare responsibilities.

“I hope I have made a difference for other parents who are trying to balance work and caring responsibilities.”

Geraldine McGahey, Chief Commissioner at Equality Commission for Northern Ireland said: “Women continue to carry the greatest share of caring responsibilities in our society.

“Proper consideration of flexible working requests by employers can help them to retain experienced staff while supporting working parents.

“The decision to move to a flexible working rota in this case was not made out of business need but presented as in the interests of fairness.

“Yet it proved to put Ms Owens at an unfair disadvantage and caused her unnecessary stress.”

A statement from the Cassidy Hospitality Group, which owns the hotel, said: “Ms Owens was a valued and highly regarded member of our reception team, and we were genuinely sorry that her employment with us ended as it did.

“We note the tribunal’s judgment and are considering it carefully with our legal advisers, including whether to appeal, so it would not be appropriate to comment on its detail.

“The hotel employs many working parents and carers, is committed to equality of opportunity for all of its staff, and is strengthening its policies, training and procedures with external advice to support flexible working wherever business needs allow.”