A male teacher at a private school who was dismissed after requesting flexible working hours to accommodate childcare responsibilities has won a claim for sex discrimination.
Frederick Lechmere-Smith served as the director of studies at Kensington Park School in West London from September 2023 to January 2024. During his recruitment, he expressed concerns about the standard 8 a.m. to 6 p.m. working hours due to his childcare commitments.
Initial Reassurance and Flexible Arrangements
He was reassured that the hours were ‘not rigid’ and would be applied flexibly in his circumstances, so he accepted the offer of the role. This led him to accept the position. During the autumn term, he worked long hours both at school and at home, and was granted some flexibility. Female colleagues, including senior leaders, were also allowed flexible working arrangements or early departures.
However, the situation changed when the headmaster was suspended and replaced. From 19 February he was informed he was expected to attend from 8am to 6pm and support all evening events.
Dismissal and Tribunal Proceedings
Lechmere-Smith argued that this placed him in an impossible position due to his childcare arrangements and attempted to challenge the letter, but received no response. He was then dismissed with immediate effect on 24 January, with pay in lieu of notice, with the stated reason that he had not passed his probation. No performance concerns had been raised with him, and female staff members continued to work flexibly without issue.
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At the tribunal, the school argued that there was no formal flexible working request and that Lechmere-Smith was bound by the contractual agreement he signed. They also claimed that concerns had arisen about his work, including email responsiveness and interactions with colleagues. However, the tribunal was presented with evidence contradicting these claims.
Tribunal Ruling and Findings
An email from the headmaster who hired Lechmere-Smith reassured him that his personal circumstances could be accommodated as long as work was completed. The tribunal also heard instances where Lechmere-Smith had stepped in to cover for colleagues. On the day of his probation meeting, he received a £100 John Lewis voucher in addition to a £50 voucher given to all staff.
Employment Judge Green concluded that performance was not the reason for dismissal, noting that the vouchers indicated appreciation for Lechmere-Smith’s work. The tribunal heard examples of a number of female comparators who were permitted to arrive late or leave early, including one with no childcare responsibilities.
On the contractual issue, it ruled that while the pre-contract discussions were not legally binding, the subsequent behaviour demonstrated that both parties were operating on a degree of agreed flexibility. A hypothetical female comparator would have been allowed flexible working without sanction. Only Lechmere-Smith faced written enforcement of the 8 a.m. to 6 p.m. hours, leading to a well-founded claim of direct sex discrimination.
Kensington Park School was put into voluntary liquidation in August 2026 and has now ceased trading.
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