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Hacking and Paterson & anor v Wilson - Indirect sex discrimination [2010] EAT

Indiscriminate refusal by an employer to grant a benefit does not preclude a finding of indirect discrimination if the refusal puts one group of workers at a particular disadvantage when compared with another group.

Mrs Wilson was employed by Hacking & Paterson as a property manager from 2005. In  2008, following seven months’ maternity leave, she made a request for flexible working. Hacking & Paterson declined her request. They said no property managers were allowed flexible working. Mrs Wilson’s appeal against this decision failed, as a result of which she resigned. At that time, seven of Hacking & Paterson’s 16 property managers were female.

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