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Tuesday, 20 November, 2001, 14:09 GMT
Father wins discrimination case
Neil and Sean Walkingshaw
Neil looks after Sean most of the time
A Scottish car mechanic has won a landmark sex discrimination case after his employer refused to let him work part-time so that he could look after his infant son.

An industrial tribunal ruled that Neil Walkingshaw would probably have been treated differently if he had been a woman.

The ruling, on Tuesday, came as the government announced new plans to improve working times for young parents.

Mr Walkingshaw, from North Berwick, East Lothian, had been a mechanic with the John Martin Group for eight years when he and his wife Tracy decided he should work part-time to look after their son, Sean.


I was very disappointed. I loved the job, the challenge of working on new cars, working with changing technology

Neil Walkingshaw

But he was told by the company the necessary arrangements would be "too messy", despite the fact that four female colleagues had been allowed to reduce their working hours after having children.

The tribunal ruled the company had given no meaningful consideration to the request for reduced hours and that Mr Walkingshaw had been discriminated against because of his sex.

He was awarded �3,600 in compensation and since leaving the John Martin Group in March 2000 has found a part-time job at another garage.

The 35-year-old said: "I offered to try and find someone for a job share and I was told the paperwork would be too complicated and too messy."

He said after that he and his wife discussed the matter and he handed in his notice.

He added: "I was very disappointed. I loved the job, the challenge of working on new cars, working with changing technology."


We're living in the 21st century now and parents should be allowed to decide what's best for their children, without being penalised for it

Tracy Walkingshaw

Welcoming the tribunal's decision, Mr Walkingshaw said: "It was a great relief I hadn't gone through this for nothing.

"I've never stood up for anything in my life - even when I get a bad meal in a restaurant I wouldn't complain.

"But I'm glad I did this because there will be other guys in the same position who want to look after their kids. I hope this will encourage them to make sure they can do that."

Mrs Walkingshaw, 30, said the couple had taken the decision she should return to her secretarial job since it had better benefits.

She said: "We felt that after serving a good few years Neil was a valued member of staff but when he asked them to reduce his hours they said 'no' and he had to leave.

"It was only a few weeks later we thought 'this isn't fair', and we decided to see if we could do anything about it."

Garage
Mr Walkingshaw has found a new garage job

Of the tribunal decision she said: "It's great because it's a step forward for all families and it proves that Neil was treated unfairly.

"We're living in the 21st century now and parents should be allowed to decide what's best for their children, without being penalised for it."

The Equal Opportunities Commission (EOC) which took up the case, said the ruling was the first of its kind it had successfully supported.

Julie Mellor, of the EOC, said: "Mr Walkingshaw's employers lost a skilled employee who had been with them for several years, simply because they didn't look at his request to work part-time properly.

"A genuine discussion about the practicalities of dealing with changes he wanted might have helped them find a solution which suited them and him."

The John Martin Group said it was unable to comment at this time.

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News image BBC Scotland's Isabel Fraser reports
"An industrial tribunal has ruled Mr Walkingshaw was the victim of sexual discrimination"
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