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Flexible working father wins sex discrimination case

The Daily Telegraph has reported that a male manager, Erik Pietzka, who asked to work part-time so he could look after his daughter, has won a sex discrimination case after his request was rejected.

The Daily Telegraph has reported that a male manager, Erik Pietzka, who asked to work part-time so he could look after his daughter, has won a sex discrimination case after his request was rejected. 

Shortly after his daughter was born, Pietzka applied for flexible working hours so he could spend more time with her, but both this and his request to work part-time were initially denied – though it was later agreed he could take one day off a week. Pietzka was warned that pursuing the idea would harm his career prospects and later his chances of promotion were blocked in an annual review. But women in the office who made similar requests were met with much less resistance, the employment tribunal found.

According to the employment tribunal, the employer’s inclusive culture did not extend to one senior employee in its Cardiff office, who held “a subconscious view that flexible working on family grounds was suitable for female employees but not male employees”. The employer is appealing the decision.

The Telegraph article points out that this is not the first time a man has brought a successful claim against his employer after requesting flexible working hours. In 2011, the Newcastle Metro transport system was forced to pay £5,000 compensation to a male train driver after bosses were shown to have given higher priority to women’s requests for flexible hours. 

 

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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