Statutory Intervention into Flexible Working Hours: The Flexible Friend or Foe?
| Date | 01 December 2009 |
| Author | Margaret Downie |
| DOI | 10.1177/135822910901000405 |
| Published date | 01 December 2009 |
International Journal
of
Discrimination and the Law, 2009,
Vol.
10,
p.
245
1358-2291/2009 $10
© 2009 A B Academic Publishers. Printed in Great Britain
STATUTORY
INTERVENTION
INTO
FLEXIBLE
WORKING
HOURS:
THE
FLEXIBLE
FRIEND
OR
FOE?
MARGARET DOWNIE
Robert Gordon University, Aberdeen UK
ABSTRACT
245
This article will consider the inequality between men and women in the
UK
with
regard to their entitlement to flexible working rights. This will be done
by
comparing
the extent and effectiveness
of
rights to flexible working afforded under part VII
of
the Employment Rights Act 1996 (as amended) with those formerly available under
the Sex Discrimination Act 1975 (as amended) and now the Equality Act 2010. The
available case law will be examined to determine whether the definition
of
indirect
discrimination in equality law actually results in inequality between the sexes in
this respect and reaffirms the stereotypical portrayal
of
women as primary carers
making it more difficult for employees
of
both sexes to achieve a position
of
real
equality
of
choice.
FLEXIBLE WORKING UNDER THE EMPLOYMENT RIGHTS
ACT 1996 (ERA 96)
BACKGROUND
In November 2001, the Work and Parents Task Force produced its report.
Following this the Department
of
Trade and Industry, in January 2003,
produced a paper entitled Balancing Work
and
Family Life: enhancing
choice
and
support
for
parents. A key aspect
of
each
of
these was the
proposal that both parents
of
young children should be able to work flex-
ibly. As a result, amendments were made to the Employment Rights Act
1996 (ERA 96) to introduce a new right to request flexible working.
1 As
far as male employees were concerned this was the first time they had
been
given a right to request flexible working. Female employees
however had for a long time enjoyed rights to work flexibly in order to
meet "their" childcare responsibilities as a result
of
the Equal Treatment
Directive2 and the Sex Discrimination
Act
1975 (as amended).
They continue to enjoy these rights now the Equality
Act
2010 has
come into force since the definition
of
indirect sex discrimination
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