Claimant v Pertemps Recruitment Partnership Limited
Outcome
Individual claims
The tribunal found that the complaint under s80H(1)(b) of the Employment Rights Act 1996, that the Claimant's flexible working request was rejected on the basis of incorrect facts, was not well-founded. The tribunal was not satisfied that the respondent had based its rejection on incorrect facts when refusing the flexible working request.
Facts
The claimant, Mrs Robinson, made a flexible working request to her employer, Pertemps Recruitment Partnership Limited. The respondent rejected her request. The claimant brought a claim alleging that the rejection was based on incorrect facts in breach of s80H(1)(b) of the Employment Rights Act 1996. The matter proceeded to a two-day hearing via CVP.
Decision
The tribunal dismissed the claim, finding it was not well-founded. The tribunal was not satisfied that the respondent had based its rejection of the flexible working request on incorrect facts as alleged by the claimant.
Practical note
Claimants challenging flexible working rejections under s80H(1)(b) ERA 1996 must prove the employer based its decision on incorrect facts, not merely that they disagree with the employer's assessment.
Legal authorities cited
Statutes
Case details
- Case number
- 6015477/2024
- Decision date
- 24 October 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No