Compelling Mothers To Work Certain Hours: Still A Risky Business.

In Dobson v North Cumbria Integrated Care NHS Foundation Trust, the EAT has again determined that it is a matter of judicial notice that women are less likely to be able to accommodate certain working patterns than men because of childcare responsibilities. Will Clift explores the implications of this case for employers wishing to introduce requirements regarding working hours.

Recap on indirect discrimination

In the employment context, indirect discrimination occurs where:

1. An employer applies a provision, criterion or practice ("PCP") to an employee ("A");
2. The employer applies, or would apply the same PCP to individuals who do not possess the same protected characteristic as A;