UNISON member Nicola Adedeji wins claim of sex discrimination and unfair dismissal against Barbican Centre

A former Barbican manager is in line for more than £100,00 in compensation after winning a landmark case for sex discrimination and unfair dismissal.  It is believed to be the first case involving a woman employee denied flexible working.

Motheroftwo Nicola Adedeji, 42, has worked at the arts centre as a house manager for 10 years when her contract was terminated, a decision she said left her devastated and depressed. Ms Adedeji has 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.”

Nicola was represented at tribunal by barrister Carolyn D’Souza.

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.

(Evening Standard report 22 December 2007)

UNISON comment

City Branch officials Malcolm Key and David Stratton represented Nicola at City of London hearings and appeared as witness at her Tribunal. Branch Secretary Malcolm Key said: Nicola always appeared to have a strong case and the Barbican Centre simply refused to acknowledge it. They seemed to think that protracting the internal procedures would either protect them from accusations or tire Nicola

out. In fact the way they conducted the whole thing was very stressful to her – our aim was always to get them out of the way as quickly as possible so that Nicola could take them to Tribunal. This isn’t the first time we have had the Centre unsuccessfully defending a tribunal case – let’s hope they learn something from this one.