Flexible Working Requests and Detriment

Authorities (5)

• Commotion Ltd v Rutty [2006] IRLR 171 [judgment]
  His Honour Judge Burke, Mr D Evans CBE, Mrs A Gallico

  Flexible working; the tribunal can examine whether the employer's 'business grounds' for refusal were factually correct.

• Shaw v CCL Ltd [2008] IRLR 284 [judgment]
  Mr Justice Elias (President), Ms V Branney, Mr D Chadwick

  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.

• Hacking and Paterson v Wilson [2010] EATS 0054/09 [judgment]
  Lady Smith

  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.

• Little v Richmond Pharmacology Ltd [2014] ICR 85 [judgment]
  Lady Smith, Mr D Bleiman, Ms M McArthur

  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.

• Glover v Lacoste [2023] EAT 4 [judgment]
  HHJ James Tayler, Mr Nick Aziz, Mr Steven Torrance

  Flexible working; indirect discrimination; a rejected flexible working appeal can be a 'disadvantage' even if later granted.