header-logo header-logo

14 October 2016 / Charles Pigott
Issue: 7718 / Categories: Features , Personal injury
printer mail-detail

Driving change?

nlj_7718_pigott

Gender equality on the railways is still some way down the tracks, says Charles Pigott

  • A few weeks ago the Employment Appeal Tribunal grappled with a discrimination claim from a female train driver after numerous requests to adjust her working hours had been refused.
  • Both the facts and legal issues were strikingly similar to Susan Edwards’ battle with London Underground nearly twenty years earlier.

In XC Trains Ltd v CD and Aslef EAT/0331/15, a female train driver employed in the North East brought proceedings for indirect sex discrimination against her employer. The Employment Appeal Tribunal (EAT) upheld the employment tribunal’s finding that the employer’s required working patterns put women at a particular disadvantage. However, it overturned the tribunal’s rejection of the employer’s justification defence and remitted this issue to a new tribunal.

CD: the facts

At the relevant time, XC Trains employed 559 train drivers of whom 17 were women. At the Newcastle depot, where the claimant worked, there were 21 drivers including four women.

The standard shift pattern meant that only a small minority of shifts fell entirely during family friendly hours. The claimant,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll