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:
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
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