Mrs D Campbell v HM Revenue and Customs — 2023

The claimant relied on a Special Working Arrangement application submitted on 31 March 2022 and asserted that it was a statutory flexible working application. The respondent applied for strike out, arguing that the application did not meet the statutory requirements for a request under section 80F of the Employment Rights Act 1996 and regulation 4 of the Flexible Working Regulations 2014.

The Tribunal found that the respondent's application form included an eligibility section for applications under the statutory right to request flexible working, including confirmation of employment status, continuous service, and whether a previous statutory request had been made in the last 12 months. The claimant did not complete that section and the application did not state that it was made under section 80F or state whether and when any previous flexible working application had been made.

The Tribunal held that, because the mandatory requirements for a statutory flexible working request had not been complied with, the claimant's right to bring a complaint under section 80H and seek a remedy under section 80I did not arise. The complaint was therefore struck out as having no reasonable prospect of success.