Care Assistant Wins [Pounds Sterling]13,000 Sex Bias Award

Daily Mail (London), February 24, 2006 | Go to article overview

Care Assistant Wins [Pounds Sterling]13,000 Sex Bias Award


Byline: FIONA DAVIDSON

A SINGLE mother sacked after she refused to work weekend shifts at a nursing home has been awarded [pounds sterling]13,000 compensation.

Kelly McGoldrick took the home to an employment tribunal, claiming she was a victim of indirect sex discrimination.

Miss McGoldrick, 24, of Penilee, Glasgow, had been in the [pounds sterling]125-aweek part- time job as a care assistant for only a few weeks when she was sacked because she refused to work 12-hour shifts at weekends.

She told the Glasgow tribunal she had explained at her interview at Priory Park Nursing Home in Paisley, Renfrewshire, that she could work the early shift on weekdays, provided she was given adequate notice, but not at weekends as she had no one to care for her two-year-old son Aaron.

Miss McGoldrick said acting manager Zilla Stewart assured her this would not be a problem.

However, when Janice Whitelock took over as manager on November 1, 2004, she asked Miss McGoldrick to work the 12-hour shifts.

When Miss McGoldrick again refused to work at weekends, Miss Whitelock sacked her for gross misconduct.

Miss Whitelock told the tribunal the home's residents required care 24 hours a day, seven days a week, and all care staff should be prepared to work the shifts necessary.

Miss McGoldrick contacted her union, the GMB, which agreed to support her case.

She told the tribunal her son had started to settle in at nursery but she could not afford to keep him there after she lost her job.

The tribunal ruled she was a victim of indirect sex discrimination as it was common knowledge more women than men had childcare responsibilities. …

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