- Anna Owens awarded £20,488.79 by an industrial tribunal for indirect sex discrimination by Westville Hotel
- The tribunal found her verbal agreement for a fixed three-day work pattern formed part of her contract
- A new general manager imposed a fully flexible rota and dismissed her childcare needs as her own responsibility
- The hotel failed to justify the requirement as a proportionate business measure
- The case was supported by the Equality Commission NI
An industrial tribunal in NI has awarded £20,488.79 to Anna Owens, a former receptionist at the Westville Hotel in Enniskillen, County Fermanagh, after ruling that the hotel subjected her to indirect sex discrimination. The tribunal found that a verbal agreement for Ms Owens to work a fixed three-day schedule (Tuesday to Thursday) to manage her childcare responsibilities had formed part of her contract of employment. The dispute arose when a new general manager attempted to impose a fully flexible seven-day rota, telling Ms Owens that her childcare needs “were nothing to do with him” when she explained she could not accommodate the change.
The tribunal concluded that the hotel’s blanket demand for total flexibility placed women at a particular disadvantage because of societal childcare trends, and the employer failed to justify the requirement as a proportionate way of meeting legitimate business demands. Ms Owens experienced reduced hours, missed shifts and a reduction in earnings as a result of the change, and she eventually resigned before initiating legal proceedings. The Equality Commission for NI supported Ms Owens in bringing the case.
The final award comprised compensation for financial losses and injury to feelings. In a statement, the Westville Hotel said Ms Owens was a valued and highly regarded member of the reception team and expressed regret that her employment ended as it did, adding that it was considering the tribunal’s judgment with its legal advisers and considering whether to appeal. Geraldine McGahey, chief commissioner of the Equality Commission for NI, stated that proper consideration of flexible working requests by employers can help retain experienced staff while supporting working parents.
Geraldine McGahey, chief commissioner of the Equality Commission for NI, shared: “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.”
