DaveNewcastle
Established Member
A female Cross-Country driver in Newcastle was unsuccessful in challenging the Employment Tribunal's decision that the lack of available turns during 'family-friendly' hours discriminated aganist women, but she was successful in her challenge that the Company had failed to recognise her needs adequately, giving the Company's needs greater weight. Her claim is returned to the Employment Tribunal for a fuller re-consideration of her proper child-care needs.
Having 3 children, she requested a 4 day week between Monday and Friday, working between 8am and 6pm, with no Saturday and no Sunday working. The evidence included the fact that so few women are employed as drivers, and the tribunal had noted that ". . . unless something is done to break the circle, one of the last male work bastions will be perpetuated" and the Company submitted that it "required its drivers to work antisocial hours to provide the service it was contractually required to provide in recognition of which its employees commanded high salaries. …”
The full decision can be read here:- XC Trains Ltd v C.D. & ASLEF and others.
'In common with all other drivers [of that Company] the Claimant’s contractual duties are to work a 35 hour week over 6 days with daily working hours determined by the requirements of the depot but not less than five hours and not more than ten hours per day. There is also an obligation to work on rostered Sundays.'
The Tribunal had accepted the Company's claims that " … Any permanent change to the contract of one driver is bound to affect the timetables of all other drivers on that same link. …” , “ … if possible, so called “accommodations” are reached with drivers which grant a variation to working patterns on a temporary basis …” but the Company had replied : “Unfortunately we were unable to come to an agreement with your requested days and times on the grounds that: it would unfairly deny other Newcastle drivers the same access to the only two family friendly diagrams as this would obviously be a long term requirement.”
I'm familiar with some East Coast crew who work part time, and who enjoy working turns which do allow them to meet their particular needs, (e.g. only working two days a week, on weekdays, and returning home in time for the end of the school day; or only working two days a week at weekends on lates.).
Having 3 children, she requested a 4 day week between Monday and Friday, working between 8am and 6pm, with no Saturday and no Sunday working. The evidence included the fact that so few women are employed as drivers, and the tribunal had noted that ". . . unless something is done to break the circle, one of the last male work bastions will be perpetuated" and the Company submitted that it "required its drivers to work antisocial hours to provide the service it was contractually required to provide in recognition of which its employees commanded high salaries. …”
The full decision can be read here:- XC Trains Ltd v C.D. & ASLEF and others.
'In common with all other drivers [of that Company] the Claimant’s contractual duties are to work a 35 hour week over 6 days with daily working hours determined by the requirements of the depot but not less than five hours and not more than ten hours per day. There is also an obligation to work on rostered Sundays.'
The Tribunal had accepted the Company's claims that " … Any permanent change to the contract of one driver is bound to affect the timetables of all other drivers on that same link. …” , “ … if possible, so called “accommodations” are reached with drivers which grant a variation to working patterns on a temporary basis …” but the Company had replied : “Unfortunately we were unable to come to an agreement with your requested days and times on the grounds that: it would unfairly deny other Newcastle drivers the same access to the only two family friendly diagrams as this would obviously be a long term requirement.”
I'm familiar with some East Coast crew who work part time, and who enjoy working turns which do allow them to meet their particular needs, (e.g. only working two days a week, on weekdays, and returning home in time for the end of the school day; or only working two days a week at weekends on lates.).
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