Barbican house manager wins £100,000 over flexible working

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It is believed to be the first case involving a woman employee denied flexible working.

Mother-of-two Nicola Adedeji, 42, had worked at the arts centre as a house manager for 10 years when her contract was terminated earlier this year, a decision she said left her devastated and depressed.

Ms Adedeji had asked to work two days of double shifts but was turned down, partly over health and safety concerns.

She sued the centre's owner, the City of London Corporation, for indirect sex discrimination and unfair dismissal, saying she felt "betrayed" by the centre's senior management. The employment tribunal ruled in her favour yesterday.

A hearing will be held in March to decide how much the City of London Corporation will have to pay Ms Adedeji.

Her legal team said her award would be boosted because the tribunal ruled her dismissal was also in breach of statutory dismissal procedures.

The case highlights a gap in the law which Gordon Brown wants to plug. The Prime Minister has announced that all parents will be able to demand flexible working hours.

At the moment six million parents with children who are disabled or under six have the right to ask for flexible working. But under the new laws these rights will be extended to another 4.5 million mothers and fathers with children up to the age of 17.

Ms Adedeji's solicitor Jasmine Johal, of Russell Jones & Walker, said: "The decision sends out a message that mere stubbornness on the part of an employer to accommodate a reasonable request for flexible working is unlawful.

"Nicola's victory highlights the problem that mothers seeking flexible hours all too often face."

The case is one of the first problems faced by Nicholas Kenyon, the former BBC Proms controller who is the Barbican's new managing director.

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."

Ms Adedeji claimed that after she was signed off sick managers told her that she would be expected to work full time when she returned.