PPRuNe Forums - View Single Post - BA Pilot's sex discrimination case. (Update: Now includes Tribunal's judgement)
Old 29th Apr 2005, 18:57
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Flying Lawyer
 
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Thanks for the appreciative comments. I learn a great deal about flying and the aviation industry from professional pilots on and off PPRuNe so it's good to have the opportunity to give something back occasionally.

Curious Pax
"In the judgment as described by FL there is no mention of BA changing the rules."
That appears to have been a complete red herring. There was no change in any relevant BA rules between Mrs Starmer starting work in May 2001 and the refusal of her application in March 2004.
What actually happened was that the law relating to applications for part-time working changed in 2003. BA formulated a policy setting out how it would apply the new law, the factors which it would take into account when considering each application for a part-time contract etc. That policy was published in 2004. It played no part in BA's decision (in 2003) to refuse her application, and BA didn't suggest it did.

ifaxu
"Why should a female pilot not be entitled to the same quality of life in terms of part-time working as for instance a bank clerk?"
Some might say because we make a free choice when we choose a career which affects our life-style instead of choosing a 9-5 (or other regular fixed hours) job which has little or no impact upon our home life. If the enjoyment outweighs the disadvantages, do it. If it doesn't, do another job.
eg If you don't want to be away from home and/or work unsociable hours, don't become an airline pilot. If you don't want to work every evening and most weekends, don't become a barrister.

Dylsexlic
I can understand your confusion - I suspect you're one of a very large majority.
Parliament, in its infinite wisdom, decided that if a provision, criterion or practice which applies to both men and women operates to the "detriment" of a considerably larger proportion of women than men, then that is unlawful sex discrimination - even if men are subject to precisely the same provision, criterion or practice.
The figures showed that, of the relatively small number of BA pilots who'd applied to work part-time, there were more applications by women than men.
So, although both men and women had applications refused, and although it appears BA was in fact more likely to grant an application by a woman, it could still be proved by statistics that the proportion of women affected by (refused under) under BA's criterion was larger than the proportion of men - because more women applied.
That's just a very brief summary (the judgment included pages and pages of statistics) and not an attempt to justify the law - I'm not a politician.
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