Saturday working not sex discrimination - tribunal

Tube driver Nicola Jones asked to work every other Saturday so that she could look after her child

Asking a female Tube driver to work on a Saturday did not amount to sex discrimination, an employment judge has ruled

Nicola Jones asked for alternate Saturdays off to look after her child, and took London Underground to an employment tribunal when her request was rejected.

Ms Jones began working for the company in 2001 and had a child in 2013.

She told bosses she needed opposite shift patterns to her husband.

Ms Jones, who was based at the Hainault depot in north-east London, had avoided working on Saturdays since her child was born because her husband is a bus driver who is required to work every weekend, the tribunal heard.

Weekend working is unpopular with most drivers, the tribunal was told, with staff required to work slightly longer shifts than in the week.

Drivers at the Hainault depot are usually required to work about 50% of weekends, the tribunal was told.

'Hypothetical male'

In November 2020, Ms Jones was invited to a meeting with her manager at which she was told her flexible working arrangement was coming to an end due to the "detrimental impact... to the quality of service London Underground was able to provide its customers".

Rejecting Ms Jones's claims of direct sex discrimination and indirect sex discrimination, employment Judge Stephen Shore said there was "no evidence" to show a "hypothetical male" would have been treated differently.

The company's "explanation for refusing Ms Jones's request to be allowed not to work on Saturdays was motivated by a wish to avoid a queue of employees requesting alternate duties on hours which suited them," he said.

"That reason is not because of sex," Judge Shore added.

Ms Jones's claim of victimisation also failed, however she was awarded £2,720 in compensation because the tribunal found that London Underground "did not act reasonably" in the way it dealt with her request.

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