Quality Part-time Work: Can Law Provide a Framework?

Abstract

This article reviews the existing legal mechanisms for women to seek access to part-time work in order to reconcile their family responsibilities with their work The main avenue used has been anti-discrimination law, where women have claimed that an employer's refusal to allow them to return to work from maternity leave part time is indirect discrimination. Despite the success of several cases on this ground, there are other cases which suggest it is not a firm foundation for an entitlement. Even if it was firmly established, it is inadequate, as it does not assist fathers who seek part-time work, and it is vague and difficult to access. Nor does it ensure that the part-time work available will be of good quality and that women will still be taken seriously in the workforce. It is concluded that specific reforms similar to the ‘right to request’ flexible work provision n the UK would be strongly preferable.