Claimant v Rohan Designs Limited

The respondent failed to deal with the claimant's flexible working request in a reasonable manner. They did not consider the request carefully or with good faith, and made the decision based on incorrect facts in places. They discriminated unlawfully by refusing the request.

The respondent failed to notify the claimant of its decision on her flexible working request within the statutory three-month decision period. The appeal was concluded approximately three weeks outside the time limit.

Although the initial refusal was based on some incorrect facts, the final decision on appeal (which is the decision that must be considered) was not based on incorrect facts. The decision-maker reached the wrong decision but based on correct facts.

The respondent failed to consult the claimant about the creation of a new Materials Manager role while she was on maternity leave. This was a significant change that potentially impacted her role, and she should have been consulted. The failure was because she was on maternity leave and constituted unfavourable treatment.

The remaining pregnancy/maternity discrimination complaints failed because the claimant did not show the conduct was unfavourable treatment or that it occurred because of her pregnancy or maternity leave.

The respondent's requirement that all office staff work from the office was a PCP that put women at a particular disadvantage (as women disproportionately have primary childcare responsibilities). The claimant suffered this disadvantage as she could not obtain full-time childcare and would lose five hours pay per week. The respondent could not show this was a proportionate means of achieving a legitimate aim. Allowing five hours home working per week would have been less discriminatory and equally effective.

Although the respondent's unlawful discrimination in refusing flexible working was a repudiatory breach of the implied term of trust and confidence, the claimant affirmed the breach by returning to work and continuing to work for nearly a month after the refusal. She thereby lost the right to treat herself as constructively dismissed.