What tribunal claims might an employee bring where the employer has failed to consider their request for flexible working?
Failure to handle a statutory flexible working request in a reasonable manner can be the subject of a tribunal claim under s.80H of the Employment Rights Act 1996. If an employment tribunal decides that an employee's complaint is well founded, it may order the employer to reconsider the employee's request for flexible working. In most cases the tribunal will also award compensation of up to eight weeks' pay to the employee, capped at the current statutory maximum. It is likely that any such claim will be accompanied by a claim for either direct or indirect discrimination based on sex, age or disability, depending on the circumstances.
A failure to consider the request may also amount to a fundamental breach of contract on the part of the employer, entitling the employee to resign and claim constructive dismissal.