Tribunal Rules No Sex Discrimination in Female Tube Driver’s Case Over Saturday Shifts

An employment tribunal has dismissed claims of sex discrimination brought by a female Tube driver, Nicola Jones, who was denied a request to avoid Saturday shifts to care for her child.

Background

Nicola Jones, who has worked for London Underground since 2001 asked for alternate Saturdays off after having a child in 2013. She needed opposite shift patterns to her husband who also worked weekends to manage childcare responsibilities.

Since giving birth, Nicola was coincidentally never given a Saturday shift. However, in November 2020 her manager informed her that her that due to a negative impact on service quality she would be required to work on weekends. Drivers at Nicola's depot in northeast London were typically required to work about half of all weekends; a schedule designed to manage the unpopularity of weekend shifts which are longer than weekday ones. Nicola argued that the decision amounted to direct and indirect sex discrimination.

The Tribunal’s Decision

Employment Judge Stephen Shore ruled there was no evidence to suggest a male employee would have been treated differently. He stated that the refusal was driven by the company’s aim to avoid a wave of similar requests for preferred shifts, rather than by Nicola’s gender. The tribunal also rejected Nicola’s claim of victimisation.

Compensation Awarded

While the discrimination claims were dismissed, the tribunal found London Underground’s handling of the situation to be unreasonable. Nicola was awarded £2,720 in compensation for the way her request was managed.

Commentary

The tribunal emphasised the need for fairness and transparency in managing flexible working requests, particularly in operational roles. This ruling highlights the challenge of balancing individual employee needs with business requirements while ensuring decisions are free from bias. This case sheds light on the difficulties of navigating workplace flexibility in roles that depend on strict scheduling, particularly for working parents.

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