Cases6010507/2024

Claimant v HM Revenue & Customs

23 October 2025Before Employment Judge NewburnNewcastlein person

Outcome

Claimant fails

Individual claims

Otherfailed

The tribunal found that the claimant's claim under Employment Rights Act 1996, section 80H(1)(a) regarding a breach of the flexible working provisions was not well founded. The respondent had not breached the statutory flexible working provisions.

Facts

The claimant, M Barr, brought a claim against HMRC alleging a breach of the statutory flexible working provisions under section 80H(1)(a) of the Employment Rights Act 1996. The claimant represented themselves at the hearing while HMRC was represented by counsel. The case was heard over one day at Newcastle Employment Tribunal.

Decision

Employment Judge Newburn dismissed the claim, finding it was not well founded. The tribunal concluded that the respondent had not breached the statutory flexible working provisions under the Employment Rights Act 1996.

Practical note

Employers in the public sector can successfully defend flexible working claims where they have complied with the statutory procedural requirements under section 80H ERA 1996.

Legal authorities cited

Statutes

ERA 1996 s.80H(1)(a)

Case details

Case number
6010507/2024
Decision date
23 October 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
central government
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No