Is a Requirement to Work Full Time Discriminatory?

George Heron

George Heron

Email Click to email
Phone 01952 566918

6 April 2016

Employers may wish to stipulate that a certain job role must be performed on a full time basis. However, this stance brings inherent risk. It is generally acknowledged that a requirement to work full-time rather than part-time is capable of amounting to indirect sex discrimination. This is because, on the whole, women tend to have more child caring responsibilities and this can make full time work difficult.

Requirements of this nature can only be deemed non-discriminatory if they are a ‘proportionate means of achieving a legitimate aim’. This sounds technical, but what it means in practice is that the action must strike an objective balance between the discriminatory effects of the provision and the reasonable needs of the employer. Therefore, if a company is considering making a job an exclusively full time role, they must carefully consider whether they are able to justify their position.

Considering whether there are any less discriminatory means of achieving the required goal is essential. For instance, if splitting the full time position into two part time roles is viable, then to insist upon a full time employee is a highly risky course of action. Each case will be seen on its own merits and would be judged by a tribunal on its particular facts.

At Alpha, we have a vast experience in providing bespoke, practical advice on HR and employment law issues. We are proud of our commercial outlook and do not sit on the fence. If you would like to have Alpha on your side, please feel free to contact us.

Testimonials

  • Martin Kaye

    Martin Kaye have provided advice in some highly complex HR matters and they continue to provide our day to day HR advice through their "ALPHA" HR scheme. They offer a very commercial and pragmatic approach and we have always been impressed by the level of service. The members of staff are approachable and easy to deal with.

    Eurofilms Extrusion Ltd

  • Martin Kaye

    Martin Kaye have provided us with employment and HR advice for several years and we have been very pleased with the level of service and quality of advice provided. We have no hesitation in recommending the team to any organisation which wishes to manage its employment related enquiries.

    D Wauchope, Company Secretary - McPhillips (Wellington) Ltd

  • Martin Kaye

    As a large employer of cleaning personnel, we require expert and prompt employment related advice. Martin Kaye's "ALPHA" service provides this in a clear and robust manner. We have been extremely impressed with the service and would thoroughly recommend them to any employer requiring expert HR & employment support.

    J Conry, Chairman - JPC Cleaning

  • Martin Kaye

    It is important for us to create a close relationship with our advisors. Martin Kaye's "ALPHA" HR service is excellent. It enables us to work closely with our lawyers particularly in the complex area of employment law.

    Johnny Hobeika, Operations Manager - Sanita (UK) Ltd

Martin Kaye are rated 4.5 out of 5 based on 20 testimonials.