Case 3313183/2023 · Employment Tribunal
Mr G Oancea, Union representative Ms Jolita Spillman, Lithuanian and English Interpreter For the v Respondent — 2024
- Case reference
- 3313183/2023
- Decision date
- 24 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bedeau Members
- Venue
- Watford
- Panel members
- Mr A Kapur, Mr J Sharma
Parties
1 namedClaimant
Mr G Oancea, Union representative Ms Jolita Spillman, Lithuanian and English Interpreter For the
Respondent
- —
Key findings
Tribunal's reasoningThe claimant, a Heavy Goods Vehicle Driver, asked to change his working pattern from Tuesday to Saturday to Monday to Friday because of childcare arrangements. The respondent refused the request and rejected the appeal. The tribunal dismissed the direct sex discrimination claim, finding that the claim was not well-founded and, in the concluding passage available in the prompt, referring to genuine business reasons for the decisions.
The tribunal also dismissed the flexible working claim. It found that the claimant's applications did not comply with the statutory requirements in section 80F(2) because they did not set out what effect the proposed change would have on the respondent and how any such effect might be dealt with. In the alternative, if a valid request arose after clarification at the 8 June 2023 meeting, the final appeal outcome on 30 August 2023 was within three months; and if there had been a technical breach from an 11 May 2023 request, the tribunal said it would award nil compensation because the delay was primarily due to the claimant and his representative.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | The claim was for direct sex discrimination under section 13 Equality Act 2010. The judgment states it was not well-founded and was dismissed. The prompt text is truncated in the middle, but the outcome and concluding reasons are present. | Dismissed | Sex | — |
| Flexible working | The claim concerned alleged delay in deciding a flexible working request under section 80F Employment Rights Act 1996. The judgment states it was not well-founded and was dismissed. The prompt text is truncated in the middle, but the outcome and concluding reasons are present. | Dismissed | — | — |
Legal tests applied
7 references- section 13 Equality Act 2010
- section 80F Employment Rights Act 1996
- section 80F(2) Employment Rights Act 1996
- section 80H Employment Rights Act 1996
- Hussain
- Maher
- ACAS Code of Practice 5 - Handling in a Reasonable Manner Requests to Work Flexibly (2014)
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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