Work from home request refusal leads to £29k award
A recent employment tribunal award has highlighted the importance of handling flexible working and reasonable adjustments with care, especially when health concerns are in play.
Case overview
An administrative officer at the Ministry of Justice (MoJ) asked to work from home due to menstrual health problems. Occupational health recommended remote working, but the MoJ was not consistent in its approach. Whilst some request were granted, the employee also received attendance warnings. The warnings were found to be discriminatory.
Key points for HR
- Inconsistent response – work from home requests were sporadically approved, then refused.
- Penalties – the employee received warnings instead of support.
- Medical advice ignored – OH recommended homeworking as an adjustment
More detailed information
The tribunal accepted menstrual health-related symptoms as qualifying under the definition of disability. A health‑based working-from-home request falls within reasonable adjustments, not a perk.
Ad hoc decisions or lack of record-keeping can expose employers. HR teams must ensure there’s a clear, documented process, especially when remote working is suggested for health reasons.
Employers should weigh the employee’s role, access to technology enabling remote work and operational needs. If remote work is feasible and supported medically, refusal may be unreasonable.
Line managers need to understand the legal obligation to implement reasonable adjustments and not just consider them. They should be trained to handle such requests with sensitivity and consistency, without resorting to attendance sanctions.
Key summary for HR professionals
Implement structured procedures for handling health-related flexible work requests.
- Keep detailed records of who asked, when, what was decided and why.
- Apply adjustments consistently, especially where there’s medical advice.
- Avoid blanket refusals or punitive measures; look for credible alternatives and compromises.
This ruling is a reminder that flexible working isn’t just a modern trend, tribunals can deem it’s essential for supporting health-related needs. HR leaders should ensure their policies reflect this, to reduce legal risks, while promoting fairness and wellbeing.
Sources
https://www.law360.com/articles/2362009
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