What Claim Can Phoebe Bring for Flexible Working?

Question from jenny, What Claim Can Phoebe Bring for Flexible Working?

Answer from AI:

In the UK, employees have the right to request flexible working arrangements, which can include changes to working hours, times, or locations. This right is particularly relevant for Phoebe, who wishes to work part-time after returning from maternity leave. Here’s a general overview of the potential claims and remedies available to her:

Right to Request Flexible Working

Under the Employment Rights Act 1996, as amended by the Flexible Working Regulations 2014, all employees with at least 26 weeks of continuous service have the right to request flexible working. This includes requests for part-time work, job sharing, or other flexible arrangements.

Process for Requesting Flexible Working

1. Submit a Written Request: Phoebe must submit a formal written request to her employer, specifying the change she wants and how it might affect the business.
2. Employer’s Response: The employer must consider the request in a reasonable manner and respond within three months.
3. Grounds for Refusal: Employers can refuse requests for specific business reasons, such as the burden of additional costs or inability to meet customer demand.

Potential Claims

If Phoebe’s request for flexible working was unreasonably refused, she may have grounds for a claim:

1. Unreasonable Refusal of Flexible Working: If the employer did not handle the request reasonably or failed to provide a valid business reason for refusal, Phoebe could bring a claim to an Employment Tribunal.
2. Indirect Sex Discrimination: Since more women than men typically request flexible working due to childcare responsibilities, a refusal could amount to indirect sex discrimination under the Equality Act 2010. Phoebe would need to show that the requirement to work full-time puts women at a disadvantage compared to men.

Remedies Available

If Phoebe’s claim is successful, potential remedies could include:

1. Compensation: Financial compensation for any loss suffered due to the refusal.
2. Order for Reconsideration: The tribunal may order the employer to reconsider the flexible working request.
3. Declaration: A formal declaration that the employer acted unlawfully.

Steps Phoebe Can Take

1. Review the Employer’s Policy: Check the company’s flexible working policy to ensure all procedures were followed.
2. Gather Evidence: Collect any correspondence and notes from meetings related to the request and appeal.
3. Seek Legal Advice: Consult with a legal professional specializing in employment law to assess the strength of her case and explore options.

Resources and Further Reading

– [UK Government Guidance on Flexible Working](https://www.gov.uk/flexible-working)
– [Acas Guide on Flexible Working](https://www.acas.org.uk/making-a-flexible-working-request)

It’s important for Phoebe to seek personalized legal advice to understand her specific situation and the best course of action. Legal professionals can provide tailored guidance and support throughout the process.