Payment of night bonus not unlawful sex discrimination

A claim was brought by two female employees claiming a night time bonus scheme was discriminatory on the basis of sex.

• The Court of Appeal found that indirect sex discrimination had taken place as women with childcare responsibilities were less likely to be able to work nights.

• However, the discrimination could be objectively justified in order to reward those who worked unsociable hours.

A common sense approach has been taken, providing a welcome relief to employers.

Blackburn and anor v Chief Constable of West Midlands Police. Court of Appeal, 2008 EWCA Civ 1208