Veitch Penny LLP - Exeter | Crediton, Devon

Case

Craddock –v- Cornwall County Council and the Governing Body of Indian Queens CP School & Nursery
Employment Appeal Tribunal - (19 December 2005)

Issues

The Issues

(1)Maternity leave
(2)Part-time working
(3)Job shares

Facts

Craddock was a primary school teacher employed in 2001. Following a period of maternity leave, Craddock requested the opportunity to work part-time for the school by way of a job share. The school raised a number of concerns including the possible disruption to the teaching system at the school and the impact on the quality of education. Her request was rejected as was her internal appeal.

Craddock terminated her employment claiming unfair dismissal and sex discrimination.

At the Employment Tribunal it was argued that in the circumstances the school could not accommodate the request. The arrangements for handover between job sharers were inadequate. At first instance the Tribunal confirmed that the school’s reasons were reasonable although noted they were not insurmountable. Craddock’s claims were dismissed and she appealed through the Employment Appeal Tribunal (EAT).

Decision

Craddock’s appeal was allowed. The EAT noted that no balancing exercise was undertaken by the Tribunal between the effect of the school’s action and the justification for it. They had also noted that there had been no audit trail indicating that the balancing exercise had taken place.

The EAT acknowledged that part-time employees could be inconvenient in that it required employers to make adjustments but the failure to make such adjustments to allow for part-time denied society the services of a wider pool of potential employees.

Comments

This case further demonstrates the importance of properly evaluating the request for flexible working and ensuring a proper audit trail is put in place.

Rachel Billen – Associate Solicitor, Commercial Department at Veitch Penny.
Tel: 01392 278381, Fax: 01392 410247, Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it