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City of London Corporation accused of sex discrimination
26 November 2007
A Barbican Centre manager has taken her employer, the City of London Corporation, to an employment tribunal claiming indirect sex discrimination by rejecting a claim of flexible working. Nicola Adedeji’s employment was unfairly terminated after she had a claim of flexible working rejected.
Mrs Adedeji, a House Manager at the Barbican Centre, has two young children who were cared for by her mother while she worked. However, when her mother had an accident and could no longer look after her children, Mrs Adedeji applied for flexible working in June 2006, based on shifts that were already used by Barbican House Management. This application was declined and she was then informed in July 2006 that no flexible working would be considered. Mrs Adedeji appealed this decision but was further refused in September 2006.
In October 2006 Mrs Adedeji’s GP confirmed she was pregnant. Her GP signed her off work with work related stress and a few days later Mrs Adedeji suffered a miscarriage. She was signed off work sick. However by February 2007 Mrs Adedeji’s employer again refused to allow her flexible working stating that if she did not return to work her employment would be terminated. Mrs Adedeji raised a formal grievance with her employer but this was not upheld. She was then told in June 2007 that her employment was terminated due to ill-health.
Jasmine Johal, Mrs Adedeji’s solicitor in the award-winning Employment Law team at Russell Jones & Walker, said:
“Nicola’s case highlights the common problem that women seeking flexible hours to accommodate childcare all too often face. Even where flexible working requests can be accommodated, a number of employers will simply choose not do so. The reasons for refusal in reality often boil down the employer’s culture or practice to require all employees to work full time regardless of whether or not the role requires a full-time employee. This practice discriminates against women like Nicola who have childcare responsibilities.
“This case is one of many we see and an example in point of why we have a significant gender pay gap and a low retention rate of female workers in this country. This is a stark example of a large public authority failing to remove the barriers of full time working to enable a skilled and experienced member of staff to retain her job.”
Mrs Adedeji said:
“The reason I am fighting this case is because I believe that the role of House Manager for the Barbican can be done on a part time basis. I believe that this case does not only affect me but will also affect other female House Managers as and when they have children.
“It is my belief that the original offer to allow me to work part-time was not genuine but designed with the intention that I would turn it down. I am left feeling betrayed by the Barbican and its senior management. I have been fortunate to have received tremendous support from past and present colleagues and most significantly my husband and my two children who have supported my decision to fight this case.”
Hearing details
The case will be heard on 26 November 2007 for 12 days at the London Central Employment Tribunal Kingsway London.