Employers cannot discriminate against managers or supervisors seeking to job-share by demoting them to a lower grade. This is the finding of an equality officer in a recent health service case that could have wide-ranging implications in both the public and private sectors.
The case was brought by the Psychiatric Nurses Association of Ireland on behalf of Ms Nuala Weir, a junior ward sister at St Patrick's Hospital, Dublin. Ms Weir, who had worked for 18 years at the hospital, applied for a job-share after her son was born, only to be told she would have to revert to staff nurse grade to do so.
The hospital defended its action on the basis that it was a private institution, not governed by terms and conditions applying in the public service, that Ms Weir's position was full-time and that she was trying to change her conditions of employment.
The equality officer found Ms Weir was not refusing to undertake her duties and, while she was trying to impose a new condition of employment, the employer was obliged to respond reasonably. The officer noted that, as all 40 employees on job-shares were women, there was a duty on the hospital to ensure no indirect discrimination arose from its job-share policies.
In order to deny Ms Weir a job-share the hospital had to "objectively justify its policy of not permitting staff at supervisory levels avail of job sharing". It had failed to show that any "in-depth examination" had taken place to see if Ms Weir's request could be granted.
Ms Weir said last night she was "absolutely thrilled" at the equality officer's decision. "I kept going because I knew it was a bigger issue than just me. It's a great decision for all female nursing staff," she said.
The outcome has been welcomed by PNAI industrial relations officer, Mr Seamus Murphy, who said it removed "an unfair and unreasonable requirement that nurses on promotion lose the right to job-share".
SIPTU national equality officer, Ms Rosheen Callender, said the decision "advances the whole family-friendly agenda in the workplace".
A recent health service circular has recommended encouraging more flexible working arrangements.