Importance of considering flexible working applications
An employment tribunal has awarded an employee almost £185,000 for indirect discrimination following a failure to adequately consider the employee’s flexible working request.
An employment tribunal has awarded an employee almost £185,000 for indirect discrimination following a failure to adequately consider the employee’s flexible working request.
The employee made a request, following maternity leave, to work 4 days per week instead of 5 and to leave work at 5pm instead of 6pm to allow her to pick up her daughter from nursery.
The judge determined that the employee had been indirectly discriminated against based on sex when her employer refused the request. Although the employer relied on 5 of the 8 statutory reasons for refusal, substantial explanation was not provided.
The employee’s internal appeal was also rejected by her employer.
The employee was awarded compensation for loss of earnings, loss of pension contributions, injury to feelings and interest. However, was unsuccessful in her other claims of maternity/ pregnancy discrimination and harassment.
This case serves as a useful reminder to employers that if flexible working applications are not dealt with adequately employees can complain to the employment tribunal.
Employers are legally obliged to consider and reasonably deal with all flexible working requests made under the statutory scheme.
Requests should be dealt with within 3 months; this period can be extended by agreement. In this time employers must consider the request, inform employee of outcome and deal with any appeal. ACAS has a Code of Practice on handling in a reasonable manner requests to work flexibly.
Employers can refuse requests for 1 of 8 reasons set out in legislation. However reasonable consideration needs to be given before a request is refused. Responses to request should be provided in writing with explanation for refusal, if appropriate, provided.
Bear in mind, employees can make flexible working requests for any reason if they have 26 weeks’ continuous employment. Only one request can be made in a 12-month period.
Contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
Related expertise
You may be interested in...
Opinion
Pride Month: A time to review DEI
Opinion
Employer redundancy guide: Sourcing alternative employment
Legal Update
DEI in school governance: Key themes and insights
Guide
Using AI for recruitment: The data issues
Guide
The socio-economic duty: Shifting mindsets for true social mobility
Legal Update
Trans matters in health for trusts and acute settings: The decision in For Women Scotland
Press Release
Browne Jacobson’s School Leaders Survey illustrates concerns over financial resilience ahead of spending review
Press Release
Majority of UK organisations remain committed to sustainability and ESG, says new research
Opinion
Disciplinary procedures and mental health: Employer considerations
Opinion
Supreme Court gender ruling: Ensuring inclusion in the workplace
Legal Update
Celebrating diversity and inclusion in the NHS: Equality, Diversity, and Human Rights Week 2025
Legal Update
Supporting mental wellbeing in the workplace: Practical steps for businesses
Legal Update
A New chapter for families: Reflecting on the first month of the introduction of neonatal care leave
Legal Update
Trans matters in care: The decision in For Women Scotland
Legal Update
Trans matters in sport: The decision in For Women Scotland
Opinion
EHRC releases guidance for employers after Supreme Court ruling on definition of woman
Legal Update
2025/26 employment rates and limits: Are costs increases having a negative impact on the job market?
Legal Update
The concept of sex is binary: For Women Scotland v The Scottish Ministers Supreme Court case explained
Legal Update
Updated Modern Slavery Act Transparency Guidance: Key obligations and steps for businesses
Legal Update
Do whistleblowing protections extend to external job applicants?
Article - Employment Rights Bill
The Employment Rights Bill: What the new amendments mean for employers
On-Demand - Care Focus webinar series
Care Focus: Regulatory and employment
Legal Update
Fair conduct dismissal: Guidance from the Court of Appeal
Legal Update
Employment healthcare briefing: March 2025
Press Release
Browne Jacobson advises Obsequio Group on strategic expansion
Press Release
Browne Jacobson advises Mercia Ventures on £3.9m investment in highways drainage specialist Crown Plus
Legal Update
The ripple effect: How US DEI shifts are impacting UK and Ireland businesses
On-Demand
EdCon 2025: Top five takeaways
Opinion
That’s Asda price: Tribunal considers that retail roles are of equal value to distribution centre jobs
Legal Update
Transformative leadership: In conversation with Lauren Thorpe
Legal Update
Reflecting our communities: The push for diversity in school governance
Legal Update
Legal challenges in workplace inclusion: A Scottish tribunal's examination of transgender rights
Opinion
Making your organisation neuroinclusive
Legal Update
Browne Jacobson’s EdCon conference for school leaders returns for fifth year
Legal Update
Charities and freedom of expression
Legal Update
DEI in school governance: Interview with Chiltern Learning Trust leadership
Legal Update
Limitation in claims for Child Sexual abuse (CSA)
Press Release
Browne Jacobson and National Governance Association unites to address the diversity deficit in school governance
Legal Update
School governance: Driving change through diverse leadership
