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A mother of two who miscarried while under stress after her employer refused flexitime working may receive more than £100,000 compensation.
Nicola Adedeji’s request to rearrange and reduce her hours at one of London’s most famous arts venues, to look after her children, was rejected by “stubborn” managers.
Mrs Adedeji, 42, a house manager, had worked for the Barbican Centre for 11 years. She had asked to work a double shift two days a week. The Barbican said that her job was too demanding to be done in any way apart from full-time and terminated her contract last August.
Yesterday a panel at the Central London Employment Tribunal upheld her claims of indirect sex discrimination and unfair dismissal against the centre’s owner, the City of London Corporation.
Mrs Adedeji, from Palmers Green, North London, had been earning about £30,000 a year and has been told that she could be awarded more than £100,000 damages. She told the tribunal that she felt she had been betrayed by senior management.
She and her husband James, a civil servant at the Department of Health, have an eight-year-old son and a six-year-old daughter.
The tribunal was told that she first made a request for flexible working hours in the summer of 2006 after her mother had an accident and was no longer able to look after the children. In October that year Mrs Adedeji became pregnant with a third child.
“My husband and I were thrilled with this news. We both come from large families and it had always been our intention to have more children,” she told the hearing. She had suggested a job share and asked for four weeks’ leave for November but was turned down.
She said: “I was devastated I had not been granted any leave for November as I simply had no one to look after my children. I became extremely upset and was physically sick. I just could not believe the situation.
“I was not sleeping or eating properly and I was irritable and very emotional. My GP diagnosed work-related stress and gave me a sicknote for two weeks.”
Ten weeks into her pregnancy, Mrs Adedeji miscarried. She tearfully told the tribunal: “In the early hours of October 31, 2006, I suffered a miscarriage. I had to be taken to hospital by my husband. I was devastated by the miscarriage, as was my husband.”
While she had originally claimed that the centre’s rejection of her request for flexitime had contributed to her miscarriage, she later withdrew the allegation. Mrs Adedeji told the tribunal that the Barbican’s house managers worked two shift times, one starting at 7.30am and the other ending at 11.30pm, seven days a week. She said: “Most childminders are not prepared to start that early or finish that late.”
Her husband applied for flexible working hours in his job but by the autumn of 2006 the couple were dependent on friends and parents of their children’s schoolmates to look after the youngsters until they could collect them in the evenings.
Mrs Adedeji said that she had been confident that her request to work a double shift on two fixed days a week would be granted. She said: “I was really shocked as I had thought it was a reasonable request. I knew I had the backing of my fellow house managers and I had proposed something that, in my opinion, worked within the house managers’ rota.”
After she was signed off sick, Mrs Adedeji was told by her managers that she would be expected to work full-time on her return. In June she was told that her contract would be terminated.
In a statement, the Barbican said: “The Barbican works hard to accommodate childcare and flexible working needs while also ensuring that there is sufficient staff cover seven days a week, 18 hours a day.”
A hearing to decide Mrs Adedeji’s compensation award will take place in March.
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Kristen
You are wrong and Mira and Jackie are right. The state pension is not funded from your NI contributions going into an investment scheme like your private or company scheme. It is just part of income tax.
Today's pensions are paid out of general taxation including NI, Income Tax, VAT, Fuel Duty etc.
So your state pension will be paid for by today's children or teenagers depending on how old you are.
So whether you chose to have children or not, part of your income in your old age is dependent on them.
While at a personal level children are a choice, at a national level having children is essential to the future prosperity of the country. How many inventions have been made by people past 35?
Jeremy Renwick, Swindon, UK
To Mira and Jackie,
Your reasoning does not hold - WE are paying for OUR OWN pension.
Agree with Katherine, businesses are not charities.
Also, why should anyone work double shifts - how productive would she be? The colleagues would probably be left to take the burden.
She could have looked for another job which fitted in better with her lifestyle. Children are a choice these days, don't make others pay for it.
Personally, I observe that parents already get preferential treatment over colleagues without children. Fair? I don't think so.
Kristen, Helensburgh,
Mira from London - I agree with your comments and also find the previous two comments fustrating. While my son was growing up I took jobs that would fit in with him as much as possible. Eg, when I started at 10am I was able to take him to school but the downside was I finished at 6pm so relied on family to pick him up and take care of him. During school holidays I enlisted the help of my family once again and took my hoildays to obviously coincide with his. There was no question of me giving up work, it never entered my head to even think that. I needed money to survive and espeically being a sinlge mum.
My son is now independent, I earn a lot more money, am a lot less stressed but my son has finished university and law school and is a trainee lawyer. He is the next generation of taxpayer. Would he have so much drive and ambition if I had've been a stay at home mum living off the state? I think not.
Jackie, London,
Why is it £100,000 compensation for losing a £30K a year job?
Kay Tie, York, UK
The last two comments are unbelievable! The reason there are so many families where both parents have to work is that life is INCREDIBLY expensive, particularly in London. This is not about "having it all", this is about financial necessity. Come on guys, how much does an average civil servant earn? Do you really think a family of four can survive, in London, on a salary of between 30,000 and 35,000K?? If you do, you obviously don't have dependents!
And before you slam this woman, think carefully that the children she is raising are the next generation of tax payers. Tax payers who will support YOUR pension in future. In my opinion, if you don't want to help families like this woman's and mine along with flexi working times etc, then why should MY children become the tax payers who support YOUR pension? If everyone thought like the previous two commentators, no-one would have children anymore, they wouldn't be able to afford to, and I'd like to see social crises that would spark!
Mira S, London, London
Perhaps, just perhaps, it's not possible to 'have it all'. If a job and childcare conflict, that's not the employer's fault - they're not charities and shouldn't be expected to bend over backwards to accomodate parents against the interests of the business.
Sadly, cases like this do women more harm than good as - entirely understandably - companies won't want to employ women of child bearing age.
Katherine, Reading,
Why didn't she just give up her job like many other woman do to look after her children. These people expect business to role over to suite all their needs,
the other alternative if the woman wanted to stay working her husband should have stayed home.
I am fed up with all this PC crap.
Barry Holmes, Christchurch, New Zealand