Woman awarded £20k in indirect sex discrimination case against hotel

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Woman awarded £20k in indirect sex discrimination case against hotel

Anna Owens has black hair swept back from her forehead. She is standing beside a tree with fields in the background.Image source, PA Media
ByNiall Glynn

BBC News NI
  • Published

A woman who worked as a receptionist at a County Fermanagh hotel has been awarded almost £20,500 after bringing an indirect sex discrimination case.

Anna Owens had agreed a fixed three-day working week at the Westville Hotel in Enniskillen that enabled her to balance her work with childcare.

But she said she felt “betrayed and deflated” when the arrangements she had verbally agreed before starting work were changed by a new manager.

An industrial tribunal found that this working pattern formed part of her contract of employment. In a statement, the hotel said it was “genuinely sorry” that Owens’ “employment with us ended as it did”.

The tribunal heard she worked the agreed days for more than 18 months with occasional changes, when enough notice was given and if she could arrange childcare.

However, after a new general manager was appointed, Owens was told that, in the interests of fairness to other staff, she would have to work a fully flexible seven-day rota.

She was the only receptionist with childcare responsibilities.

A hotel painted royal blue with several large widows and a sign saying Westville Hotel

Owens said when she explained she had a fixed-hours agreement in place, and the change was not feasible with her childcare arrangements, the manager told her that her childcare needs were nothing to do with him and were her responsibility.

Despite raising concerns and using the employer’s grievance process, her agreed working pattern was not permanently restored.

Owens was unable to work some shifts, suffered a reduction in hours and earnings, and eventually resigned before bringing legal proceedings.

The tribunal found that requiring her to work a fully flexible seven-day rota placed her at a particular disadvantage because of her childcare responsibilities.

It concluded that this amounted to unlawful indirect sex discrimination as the employer failed to justify the requirement as a proportionate way of meeting legitimate business demands.

‘Just a mum who wanted to work’

“I’m just a mum who wanted to work to provide for my family,” Owens said following the ruling.

“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.”

‘Unfair disadvantage’

Geraldine McGahey, chief commissioner of the 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.”

Hotel’s response

In a statement to BBC News NI, a spokesperson for the Westville Hotel said: “We note the tribunal’s judgement 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.”

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