The Government has published a consultation seeking views on proposals to expand and improve the flexible working framework. In this briefing, we look at the proposals for reform, as well as the changes that the Government has declined to take forward.
Refusal of maternity returner’s request to work part-time to allow her to collect her child from nursery was discriminatory
An employer’s refusal to allow an employee to make modest adjustments to her working hours following her return from maternity leave has been held to be indirect sex discrimination. An Employment Tribunal awarded the employee £185,000.
In the recent case of Shipp v City Sprint UK Limited an Employment Tribunal unanimously held that a senior employee was unfairly dismissed, harassed and discriminated against on the grounds of maternity/pregnancy and sex.
In the recent case of Gwynedd Council v Barratt the Court of Appeal confirmed that, on its own, the absence of a right to appeal against dismissal for redundancy does not make it unfair. However, it is one of the factors to be considered when determining the overall fairness of the dismissal.