Mrs C Hutton v Commissioners for HM Revenue & Customs — 2023

The tribunal found that the claimant's April 2022 contractual homeworking application did not meet the mandatory requirements for a statutory flexible working request because it did not state that it was made under the statutory scheme and did not specify the date on which the proposed change should take effect. The June 2022 application was expressly framed as a statutory flexible working request, but the tribunal found it did not retrospectively amend the April application.

The tribunal found that the June statutory request was responded to within the statutory decision period. It rejected the claimant's arguments that the respondent dealt with the application unreasonably, including allegations about an untruthful statement on isolation guidance, lack of an independent appeal manager, and failure to follow ACAS guidance. It found that the respondent considered whether the claimant could work from home and considered possible safety measures.

The tribunal accepted that the refusal was because the respondent considered that granting the request would have a detrimental impact on quality. It found that the decision maker genuinely believed the claimant's physical attendance would assist the maintenance and improvement of quality of work, including through training, collaboration and team working. The claimant's complaints were therefore not well founded and were dismissed.