Claimant v Fulston Manor Academies Trust
Outcome
Individual claims
The tribunal found that the complaint under s.80H of the Employment Rights Act 1996 regarding failure to deal with a flexible working request in a reasonable manner was not well-founded. The respondent had dealt with the flexible working request appropriately and in accordance with legal requirements.
The breach of contract complaint was withdrawn by the claimant and dismissed by the tribunal upon withdrawal.
Facts
Julie Gibbs was employed by Fulston Manor Academies Trust and made a flexible working request. She brought a claim that the respondent failed to deal with her request in a reasonable manner under s.80H of the Employment Rights Act 1996. She also brought a breach of contract claim which she subsequently withdrew. The case was heard over two days in June 2025.
Decision
The tribunal dismissed the flexible working complaint, finding that the respondent had dealt with the request reasonably and in accordance with statutory requirements. The breach of contract claim was dismissed upon the claimant's withdrawal.
Practical note
Employers who follow proper procedures in responding to flexible working requests and provide reasonable responses will successfully defend claims under s.80H ERA 1996, even when requests are refused.
Legal authorities cited
Statutes
Case details
- Case number
- 2303689/2024
- Decision date
- 25 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No