Cases→3201320/2023

Claimant v Taylor Surveyors Ltd

1 September 2025Before Employment Judge S ShoreEast Londonin person

Outcome

Partly successful

Individual claims

Constructive Dismissalsucceeded

The Tribunal found that the First Respondent's conduct entitled the Claimant to resign and treat herself as constructively dismissed. The claim against the Second Respondent was dismissed, indicating personal liability was not established.

Indirect Discrimination(sex)failed

The Tribunal found that the Claimant did not establish indirect sex discrimination under s.19 of the Equality Act 2010 against either Respondent. The claim was dismissed on its merits.

Othersucceeded

The Tribunal found the First Respondent failed to deal with the Claimant's flexible working application dated 8 February 2023 in a reasonable manner, breaching s.80G(1)(a) of the Employment Rights Act 1996. A declaration was made.

Unlawful Deduction from Wageswithdrawn

The Claimant's claim of failure to provide written payslips was withdrawn and dismissed upon withdrawal by the Tribunal.

Facts

Mrs Freedman worked for Taylor Surveyors Ltd and made a flexible working request on 8 February 2023. The First Respondent failed to deal with this application in a reasonable manner. The Claimant resigned and claimed constructive dismissal, along with claims of indirect sex discrimination and failure to provide payslips.

Decision

The Tribunal found the constructive dismissal claim succeeded against the First Respondent and the flexible working claim also succeeded. The indirect sex discrimination claim failed and the payslips claim was withdrawn. No reductions were made for contributory fault, Polkey, or ACAS Code breaches. The case will proceed to a remedy hearing.

Practical note

Employers must handle flexible working requests in a reasonable manner under statutory obligations, and failure to do so can contribute to a successful constructive dismissal claim with no reductions to compensation.

Legal authorities cited

Statutes

Equality Act 2010 s.19Employment Rights Act 1996 s.80GEmployment Rights Act 1996 s.80H

Case details

Case number
3201320/2023
Decision date
1 September 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Name
Taylor Surveyors Ltd
Sector
professional services
Represented
Yes
Rep type
self

Claimant representation

Represented
Yes
Rep type
lay rep
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