Does the Sex Discrimination Act provide a right to work part-time for mothers?

Abstract

Transitions between full- and part-time work are commonplace for mothers returning to work post-childbirth and can result in downward occupational mobility, particularly for highly skilled employees. This paper examines several sex discrimination cases concerning women employees who, having had children, were refused a request to work part-time. It aims to establish whether the Sex Discrimination Act 1975 is capable of protecting applicants in this situation and whether that law is being applied consistently by Employment Tribunals. The results are considered in the context of selected theories of occupational segregation. The changes to the definition of indirect discrimination have been positive from the applicants' perspective, but the analysis concludes that tribunals can view applicants who are well paid as not being subjected to a detriment by a refusal of a request to work part-time because they can afford childcare.

Keywords:

• women
• employment
• sex discrimination
• part-time work
• childbirth
• Employment Tribunals

Acknowledgements

I am grateful to Louise Ackers for her comments on an initial draft of this paper.