Flexible working | Managing employees/workers | Employment law cases | HR Tools

Mishandled flexible working requests: Case law round-up

Date:: 22 April 2022

We look at three successful employment tribunal claims brought over the mishandling of flexible working requests. We also examine two Employment Appeal Tribunal decisions on getting agreement from the employee to extend the three-month decision period and the requirement for a single mother to be available to work late shifts.

Sex discrimination: Dismissal of part-time working mother was discriminatory and unfair

Date:: 14 April 2022

In Long v British Gas Trading Ltd, an employment tribunal held that the selection for redundancy of a part-time employee who was the mother of young children was sex discrimination, less favourable treatment because of part-time working and an unfair dismissal.

Sex discrimination: Refusal of flexible working request results in £38,742 award

Date:: 7 October 2021

In Daly v BA Cityflyer Ltd, the employment tribunal awarded £38,742 for indirect sex discrimination to an in-flight business manager whose request for flexible working on her return from maternity leave was refused.

Sex discrimination: Mishandling of flexible working request leads to £184,961 award

Date:: 24 September 2021

In Thompson v Scancrown Ltd (t/a as Manors), the employment tribunal awarded £184,961 for indirect sex discrimination to an estate agent who resigned following the mishandling of her request for flexible working on her return from maternity leave.

Age discrimination: Requiring semi-retired dog handler to work full time was discriminatory

Date:: 2 July 2020

In Broadist v HM Prison Service, an employment tribunal found that the employer's refusal to allow a semi-retired dog handler to remain working on a part-time basis with an alternative dog, after his dog had died, amounted to indirect age discrimination.

Part-time working: 50% pay for 53.5% of full-time hours was less favourable treatment

Date:: 21 November 2018

In British Airways plc v Pinaud, the Court of Appeal held that a part-time worker's contract requiring her to be available for work 53.5% of the time that a full-time comparator was required to be available for work constituted less favourable treatment because she was paid only 50% of the full-time salary.

Part-time workers: Zero hours lecturer could compare himself to permanent full-time lecturer

Date:: 21 June 2018

In Roddis v Sheffield Hallam University, the Employment Appeal Tribunal (EAT) held that a lecturer employed under a zero hours contract was employed under the same type of contract as a permanent full-time lecturer for the purposes of his claim of less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551).

Case round-up

Date:: 1 May 2017

Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.

Case round-up

Date:: 1 April 2017

Chris Cook is a partner and Keely Rushmore is a senior associate at SA Law. They round up the latest rulings.

Homeworking employee not unlawfully discriminated against by requirement to arrange childcare

Date:: 16 January 2017

This employment tribunal held, in White v Propharma Group MIS Ltd, that the employer had not indirectly discriminated against a female employee by requiring her to remove potential interruptions while working at home by arranging childcare.

Employment law cases

Flexible working categories

All items: Flexible working

Mishandled flexible working requests: Case law round-up

Sex discrimination: Dismissal of part-time working mother was discriminatory and unfair

Sex discrimination: Refusal of flexible working request results in £38,742 award

Sex discrimination: Mishandling of flexible working request leads to £184,961 award

Age discrimination: Requiring semi-retired dog handler to work full time was discriminatory

Part-time working: 50% pay for 53.5% of full-time hours was less favourable treatment

Part-time workers: Zero hours lecturer could compare himself to permanent full-time lecturer

Case round-up

Case round-up

Homeworking employee not unlawfully discriminated against by requirement to arrange childcare

About this category

Explore XpertHR

Learn more

Get in touch

Connect with us