New mother request to homeworking rejected

An employment tribunal accepted that there is no absolute obligation on employers to accept new mothers’ requests to work flexibly on their return from maternity leave.

New mother’s rejected homeworking request handled in a “reasonable manner”

In Whiteman v CPS Interiors Ltd and others, the employment tribunal held that an employer properly handled a new mother’s rejected flexible working request to work from home.

Ms Whiteman, a designer for a company that refurbishes commercial premises, requested to reduce her hours on her return from maternity leave after having twins. Her employer accepted her request.

However, the employer turned down Ms Whiteman’s request to work from home (apart from occasional office visits) and to do most of her work in the evenings (after 6pm).

The employer considered that, although working at home primarily in the evenings might have been possible, it could not accommodate the homeworking request because:
 

• its collaborative way of working often involves designers together in a room looking at technical designs; and

• designs often have to be changed at short notice, something that would be difficult if the employee worked only at home in the evenings.

Ms Whiteman resigned, citing the handling of her flexible working request as the reason. She rejected the employer’s offer to deal with her complaints under the company’s grievance procedure and to retract her resignation.

She brought tribunal claims for breaches of the flexible working legislation, constructive dismissal and indirect sex discrimination.

The employment tribunal rejected all her claims, stressing that there is no right to work flexibly, only a right to request to work flexibly.

Employers must follow the “ACAS code of practice on handling in a reasonable manner requests to work flexibly”. However, as long as their approach is not discriminatory, they can reject a flexible working request on one of the specified grounds under the legislation.

Please contact us if you would like to discuss any requests to flexible working on 01245 261883

Female workers at Asda bring an equal pay claim

More than 9,500 women working for Asda are bringing the UK’s largest private sector equal pay claim valued at around £100m. The shop floor workers argue that they received between £1 and £3 an hour less than staff at Asda’s distribution centres, the majority of whom are men.

Asda had tried to argue that as the shops and distribution centres were in different locations and the staff had different pay arrangements, they were able to pay the staff the rates they chose.

At a preliminary hearing an employment tribunal let the claim proceed, finding that Asda could have ensured that staff received equal pay but chose not to.

Are you paying male and female workers different rate of pay?  To ensure that you are compliant, call us to discuss on 01245 261883

Uber drivers defined as workers

In the recent case regarding the Uber drivers, the drivers were claiming that they were workers and not self-employed when providing services.  The drivers brought an employment claim in the employment tribunal.  An Employment Tribunal has ruled that two drivers who provide services to gig economy stalwart Uber are 'workers' within the meaning of the Employment Rights Act 1996.

This means as workers they will be entitled to a limited number of employment rights.  They were claiming that they were workers and not employees which is different as employees have more employment law rights.  Amongst other rights, they will be entitled to:
 

• 5.6 weeks' paid annual leave each year
• a maximum 48 hour average working week, and rest breaks
• the national minimum wage (and the national living wage)
• protection of the whistleblowing legislation.

 As they are not employees, they will not be entitled to:
 

• the ability to claim unfair dismissal
• the right to a statutory redundancy payment
• the benefit of the implied term of trust and confidence
• the protection of TUPE, if Uber sells its business

If you have people working in your company on self-employed and want to check that they are not workers, please contact us to discuss on 01245 261883