The statutory right to request flexible working under ss.80F-80I ERA 1996, and the routes of complaint. Commotion Ltd v Rutty; Glover v Lacoste.
Flexible working; the tribunal can examine whether the employer's 'business grounds' for refusal were factually correct.
Flexible working; constructive dismissal; discriminatory rejection of a part-time working request constitutes a breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive dismissal.
Flexible working; indirect discrimination; where employer operates blanket ban on flexible working, the pool for comparison is those who want flexibility, not all employees. Refusal does not automatically disadvantage all equally.
Flexible working; indirect discrimination; a successful internal appeal can 'cure' a prima facie case of indirect sex discrimination where the employee has not yet returned to work and the discriminatory PCP will not be applied.
Flexible working; indirect discrimination; a rejected flexible working appeal can be a 'disadvantage' even if later granted.
Flexible working; the duty under s.80G(1)(a) is to deal with requests in a 'reasonable manner' (process), not to make a 'reasonable decision' (substance). An employer acting in good faith can refuse if it genuinely believes a statutory ground applies.