Working mum sacked for refusing to work weekends wins 'landmark' appeal

The judgement makes clear that all future cases can take it ‘as fact’ that women are more likely to suffer a disadvantage as a result of childcare responsibilities than men.

The original case was brought by Gemma Dobson, a working mother of three children, whose employer tried to demand she move to frequently changing shift patterns, which were impossible to manage alongside childcare. Given her caring responsibility – two of her children were disabled - she could not do the changed hours and she was dismissed as a result.  

Working Families intervened in the Employment Appeal Tribunal to protect the rights of women from being discriminated against at work because of the ‘childcare disparity’.

Emily Pritty, head of legal services at Working Families, said, ‘Today’s judgement is hugely welcome news for working mothers who contact our helpline, many of whose employers have tried to impose changed terms or have lost their jobs because of their caring responsibilities.

‘Going forward, this is vital clarity for the many cases of indirect sex discrimination where employers attempt to force changes that make childcare impossible and have the effect of forcing women out of their jobs.’