There is no doubt the pandemic accelerated flexible working, which offers a range of benefits to both employers and employees. However, this article is a useful reminder that employees with caring responsibilities still feel they do not receive adequate support from their employer which may potentially result in tribunal claims.

In the past year, Employment Tribunals have seen a significant increase in the number of flexible working claims and it is likely this will continue to increase now the government has announced its intention to allow employees to request flexible working from day one of employment.

Requiring employees to work in the office for set working hours may have a negative impact on certain groups of employees, such as women with childcare responsibilities. As such, this may amount to indirect sex discrimination unless the employer can objectively justify its refusal as a proportionate way to meet a legitimate aim. 

It is very important that employers are aware of their legal obligations when dealing with flexible working requests, particularly from employees who have protected characteristics, to reduce the risk of discrimination claims and it is important for businesses to keep an open mind. Adopting more flexible working will ultimately play a crucial role in creating successful and diverse work forces.