Claimant v Secretary of State for the Home Office
Outcome
Individual claims
The tribunal found that the respondent failed to respond to the claimant's flexible working request dated 15 March 2022 within the statutory 3 month time period as required by Section 80H of the Employment Rights Act 1996. The tribunal also found that the respondent failed to deal with the request reasonably, constituting a breach of the statutory flexible working provisions.
Facts
The claimant, an employee of the Home Office, submitted a request for flexible working on 15 March 2022. The respondent failed to respond to this request within the statutory 3 month time period required by Section 80H of the Employment Rights Act 1996. The claimant, representing himself, brought a claim before the employment tribunal challenging the respondent's failure to deal with his flexible working request properly.
Decision
The tribunal found in favour of the claimant, ruling that the respondent's failure to respond within 3 months and failure to deal with the request reasonably constituted a breach of Section 80H ERA 1996. The tribunal awarded compensation of £1,266.92 and made a declaration setting out the respondent's failures.
Practical note
Employers must respond to statutory flexible working requests within 3 months and deal with them reasonably, or face liability for compensation and declarations even for procedural failures alone.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2306256/2023
- Decision date
- 19 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No