International Air Travel Company’s flexible working policy found to have disadvantaged women
Wednesday 21st August 2024
The Employment Tribunal recently held in Zaidi v Dnata Ltd and others that Dnata Limited, an air travel services provider, discriminated against an airport customer service agent by refusing to accommodate her flexible working request on a permanent basis. Although Mrs Zaidi resigned during the appeal process, the Tribunal found that she was unfairly dismissed by Dnata.
Facts
Mrs Zaidi was employed by Dnata to work at the Heathrow airport between 2016 and 2021 as a customer service agent. The majority of these agents worked on rotating shift patterns over a 12-week period. Between 2017 and August 2021, Mrs Zaidi made flexible working requests for her on-going childcare responsibilities, which were granted on an informal basis. When Mrs Zaidi requested a permanent flexible working arrangement in November 2021 for the same reason, her managers refused as it was incompatible with Dnata’s staffing requirement and their duty to meet passenger demands.
Whilst Mrs Zaidi was appealing against the decision, Dnata initiated disciplinary proceedings against her, as her manager believed that her previous use of five childcare-related absences over the preceding year was excessive. After Dnata’s written response to her flexible working request appeal, Mrs Zaidi resigned with immediate effect.
Decision
The Tribunal found the following against Dnata:
- Indirect sex discrimination;
- Detriment done for a prescribed family leave reason; and
- Unfair constructive dismissal
Dnata required their staff to be available for work at any time and on any day of the week. The Tribunal acknowledged that meeting the passenger demands was clearly an important business need for Dnata, but the Tribunal also found that this practice put women at a disadvantage as they were more likely to have childcare commitments preventing them from being completely flexible with their working hours. After reviewing the relevant policies, the Tribunal concluded that there was a less discriminatory way for Dnata to meet its business and to accommodate Mrs Zaidi’s request.
The Tribunal also found that Mrs Zaidi suffered a detriment by virtue of Dnata’s disciplinary proceedings, that she had only taken four days of childcare absence, which was not an unreasonable amount, and ruled that she was statutorily entitled to take this family leave.
As regards the unfair constructive dismissal claim, the Tribunal decided that Dnata’s conduct, viewed objectively, was likely to destroy or damage the implied term of mutual trust and confidence between Dnata and Mrs Zaidi, and that ‘there was no reasonable and proper cause for it’.
Comment
Although this case concerns previous flexible working rights that have since been replaced in April 2024, the Tribunal’s ruling serves as a reminder that employers must have proper considerations when dealing with flexible working requests made by its employees.
Where there is a provision, criterion or practice that unduly affects a particular employee (or group of employees) who has a protected characteristic, the employer should pause and evaluate whether there are less discriminatory ways to achieve a legitimate aim.
When dealing with an employee’s request for family leave, the employer should be cautious in launching disciplinary proceedings without proper evaluations of the employee’s circumstances.
For further guidance on flexible working arrangements and how to prevent discriminatory practices, please get in touch with a member of the Employment Team who will be happy to help.
