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Statutory Intervention into Flexible Working Hours: The Flexible Friend or Foe?

This article will consider the inequality between men and women in the UK with regard to their entitlement to flexible working rights. This will be done by comparing the extent and effectiveness of rights to flexible working afforded under part VII of the Employment Rights Act 1996 (as amended) with those formerly available under the Sex Discrimination Act 1975 (as amended) and now the Equality Act 2010. The available case law will be examined to determine whether the definition of indirect discrimination in equality law actually results in inequality between the sexes in this respect and reaffirms the stereotypical portrayal of women as primary carers making it more difficult for employees of both sexes to achieve a position of real equality of choice.