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Tuesday, August 3, 1999 Published at 10:35 GMT 11:35 UK UK Working mothers backed by landmark win ![]() Annette Cowley's case will help other mothers Mothers unable to see their children as a result of long hours at work have been backed by a landmark sex discrimination case. Single mother Annette Cowley, 40, won her case at tribunal after she was sacked for refusing to work 16-hour shifts at Heathrow airport because she needed to look after her baby.
Roger Lyons, general secretary of the Manufacturing Science and Finance Union, which backed Ms Cowley's case, added: "The culture of long hours in Britain is destroying family life and causing serious health problems." Employment law expert Jonathan Swift said the ruling was likely to have an effect on employment practice across the United Kingdom.
"I think employers would look at a situation like this to see what they can and cannot do in regard to their workforce." Excessive tiredness Ms Cowley, from Iver Heath in Buckinghamshire, worked for South African Airways as a cargo officer, but was fired last year after complaining her long hours meant she was unable to care properly for her baby. "There was no other solution as far as they were concerned," she said. "When I said I didn't agree with it that was that, they sacked me." Ms Cowley also raised safety concerns about the dangers of driving across runways in a state of extreme tiredness.
The tribunal ordered the airline to pay Ms Cowley three years' pay and criticised the "wholly unreasonable demands" over hours. In a statement to the tribunal, she said working back-to-back shifts meant getting up at 5am to prepare her baby's food for the day, arriving at work at 7.45am,, and finishing at 10 or 11pm.
Ms Cowley used to drive from the airline's cargo warehouse near Terminal Four and drive airside to aircraft at Terminal One. Part of her statement read: "Driving airside - very tired by now and then having to get into the car and drive in a very hazardous and noisy environment, usually when it is dark." The tribunal ruling said: "The respondent's working practices would cause concern to the general public, if known, whereby somebody working a 16-hour shift was driving a vehicle airside with the potential risk to safety of aircraft passengers."
Airline considers verdict The MSF union is planning a legal challenge to planned changes to the European Working Time Directive, which it says will water down the 48-hour week. South African Airways said in a statement that the case arose out of a "very specific" set of circumstances. "The tribunal's decision does not, in SAA's opinion, mean that its, or any other airline's, overtime arrangements are necessarily discriminatory, unfair or unenforceable. "That said, SAA takes seriously the comments made by the tribunal and is in the process of considering what amendments, if any, are necessary to its working arrangements." |
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