Miss Wilson v Financial Conduct Authority — 2023

The claimant, a Senior Manager employed by the Financial Conduct Authority, applied on 9 December 2022 to work entirely remotely. The tribunal found that the statutory three-month decision period was breached because the appeal outcome was not notified until 29 March 2023 and no extension had been agreed. It awarded one week's pay, agreed at £643, for that breach, but made no order for reconsideration.

On the challenge that the refusal was based on incorrect facts, the tribunal accepted that the claimant had performed well while working remotely and that much of her work could be done using technology. It also found that the decision-maker had considered the individual merits of the application and had not simply applied the respondent's attendance policy.

The tribunal concluded that it was not incorrect for the decision-maker to identify detriments to quality and performance if the claimant worked entirely remotely, particularly given her senior management responsibilities and the respondent's expectations about in-person management, training, meetings and departmental events. That part of the flexible working complaint was dismissed.