Abstract

Employees have a statutory right to request a change to their working hours or conditions to enable them to care for children (so long as they meet certain criteria). The Sex Discrimination Act 1975 enables workers to claim that a requirement, such as to work on a full‐time basis, is discriminatory. There are no eligibility requirements for this argument although there is an evidentiary burden. The penalties for breach of the Sex Discrimination Act are greater than the new right. To what extent do the new Flexible Working Regulations provide a right to a change in working patterns, and what role remains for the Sex Discrimination Act?

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