Flexible Working In The Spotlight

With the right to request flexible working being extended to all employees in June, the decision of the Employment Appeal Tribunal in the Solicitors Regulation Authority v Mitchell is a reminder to employers of the importance of being able to provide an adequate explanation for decisions.

When Mrs Mitchell, a costs recovery officer, returned from maternity leave in 2001, she agreed with her employer that she would work from home two days a week for childcare purposes. At this time, the flexible working regulations were not yet in existence. Fast forward seven years, Mrs Mitchell's line manager changed. Her new line manager, Ms Chambis, reviewed and revoked Mrs Mitchell's home working arrangement. Ms Chambis did not review or revoke a similar arrangement that applied to a male colleague of Mrs Mitchell's (Mr Singh).