What UK Case Laws Support Flexible Working Requests?

Question from jenny, What UK Case Laws Support Flexible Working Requests?

Answer from AI:

In the UK, employees have the right to request flexible working arrangements, and employers must consider these requests in a reasonable manner. Phoebe’s situation involves a request for flexible working hours following maternity leave, which is a common scenario where such rights are exercised. Below, we explore relevant laws and case laws that might support her case.

Understanding Flexible Working Rights

Under the Employment Rights Act 1996 and the Flexible Working Regulations 2014, employees in the UK who have worked for the same employer for at least 26 weeks have the right to request flexible working arrangements. This includes changes to:

• Working hours
• Working times
• Work location (e.g., home working)

Employers must consider these requests in a “reasonable manner” and can only refuse them for specific business reasons, such as:

• The burden of additional costs
• Detrimental effect on ability to meet customer demand
• Inability to reorganize work among existing staff
• Inability to recruit additional staff
• Detrimental impact on quality or performance
• Insufficiency of work during the periods the employee proposes to work
• Planned structural changes

Relevant Case Laws

Several case laws have addressed issues related to flexible working requests:

1. British Airways Plc v. Starmer (2005): This case involved a pilot who requested part-time work after maternity leave. The Employment Appeal Tribunal (EAT) found that the employer’s refusal was discriminatory, as it disproportionately affected women who are more likely to be primary caregivers.
2. Henderson v. Connect (South Tyneside) Ltd (2009): The EAT ruled that an employer’s refusal of a flexible working request must be based on sound business reasons and not simply on a preference for full-time workers.
3. Thompson v. Scancrown Ltd t/a Manpower (2015): This case highlighted the importance of employers providing clear, objective reasons for refusing flexible working requests, especially when the refusal could be seen as indirectly discriminatory.

Steps Phoebe Can Take

Phoebe may consider the following steps:

1. Review the reasons provided by her employer for refusing the request to ensure they align with the permissible business reasons.
2. Consider whether the refusal could be indirectly discriminatory, particularly if it disproportionately affects women returning from maternity leave.
3. Seek advice from a legal professional or a trade union representative to explore potential claims for discrimination or unfair treatment.
4. Consider mediation or negotiation with her employer to find a mutually agreeable solution.

When to Seek Legal Advice

If Phoebe believes her request was unfairly denied or that the decision was discriminatory, it is crucial to seek legal advice. A legal professional can provide personalized guidance based on the specifics of her case and help determine if there is a basis for a claim.

For more detailed information, you can refer to the [UK Government’s guide on flexible working](https://www.gov.uk/flexible-working) and the [ACAS guide on handling requests](https://www.acas.org.uk/making-a-flexible-working-request).

Remember, while general information can be helpful, only a qualified legal professional can provide advice tailored to Phoebe’s specific circumstances.