Employers warned not to be ’too nice’ to staff this Summer

With the school summer holidays approaching, ëfamily friendlyí businesses giving priority for annual leave to those with dependent children could actually be risking allegations of discrimination, warns UK experts in workplace issues, Croner. Research1 by the company reveals that bosses could be facing pressure from more than six in ten employees to give priority for annual leave during the summer break to parents (or carers).

Croner is advising employers not to be ìtoo niceî to staff this summer and to exercise caution when devising holiday policies due to claims risks they probably havenít even considered.

With parents making up around 40 percent of staff2, sympathetic employers may think it ëbest practiceí to offer first refusal for summer leave to parents. But failure to treat all employees equally could lead to costly claims of direct and indirect sex discrimination (in 2004/2005 the maximum award for sex discrimination was 179,026)3.

Since the role of taking time off to look after children still lies mostly with mothers, male employees could accuse their employer of direct sex discrimination for more favourable treatment towards women when handing out holiday. A less obvious risk is that of indirect discrimination against childless people, who could argue that female parents or carers receiving priority for holidays demonstrates favouritism to that element of the workforce.

Richard Smith, employment services director at Croner, says: ìDuring the summer months most employees want to take time off, regardless of family commitments. Employers are facing a dilemma over who should take priority when granting holiday requests, and could well be feeling the pressure from parents or carers to be first in the queue, especially during the six-week school break.

ìBut our research suggests that many employers are in danger of being too nice to families, which could neglect the needs of other employees, and consequently even lead to sex discrimination claims that could critically impact the financial health of their organisation.

ìThe risk of sex discrimination isnít obvious and Iím alarmed by our research which indicates that employers could be making themselves vulnerable to claims - just by trying to do the right thing by families. Our message is clear: treat all employees equally. A best practice employer will consider employeesí personal circumstances, but on a case-by-case basis, and not a blanket policy.î