Mr M Vallis-Wilks v London Underground Limited — 2024

The claimant, a Network Incident Response Manager employed by London Underground Ltd since January 2008, submitted a flexible working application on 10 July 2022 seeking to reduce his contracted hours from 35 to 21 per week, in connection with caring responsibilities for his disabled son. The Tribunal found that the respondent did not determine the application within the statutory three-month time limit, taking just over four months, and that the claimant had never agreed to any extension of that period. The Tribunal extended time to hear the out-of-time complaint and upheld it.

The Tribunal found that the application itself had been given due consideration based on evidence and was dealt with in a reasonable manner, and that the absence of medical evidence was immaterial to the outcome. A temporary local arrangement reducing the claimant's hours to 22.5 per week, accepted by him without prejudice on 12 September 2022, was found by the Tribunal to be the same arrangement that was implemented from 9 October 2022; there was no change to his contract without his consent or consultation, and so no repudiatory breach and no dismissal.

Because there was no dismissal, the complaints of unfair dismissal and automatic unfair dismissal did not succeed. The Tribunal also rejected the detriment complaints, finding that decisions about shift cover, the handling of the claimant's concerns, and the conduct of the managers did not amount to detriments for making the flexible working request. Remedy was limited to 5 weeks' pay at the 2022/23 statutory cap of GBP 571 per week, totalling GBP 2,855 gross.