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Sex and the night shift

Blackburn vs Chief Constable of West Midlands Police

UKEAT/0007/07

Key facts

The two female claimants in this case did not work the night shift because of their childcare responsibilities. West Midlands Police operated a shift pattern on a rotating 24/7 pattern which most officers were required to work unless childcare or medical restrictions made it impossible. Those who did work the night shift were paid an anti-social hours bonus; those that didn’t work the night shift did not receive the payment. The claimants brought a claim for indirect sexual discrimination.

Decision

The Tribunal ruled in favour of common sense in deciding that whilst the scheme did discriminate against women officers, it was objectively justified and the claim was therefore not upheld.