Resolving flexible working requests must be clear - Employment Appeal Tribunal

News  |   21 December 2021

Written by
Elliott Flockhart, Solicitor

In Walsh v Network Rail Infrastructure Limited, the Claimant submitted a flexible working request in February 2019, which was subsequently rejected. In June 2019, the parties agreed to hold the hearing in July, however, this fell outside the three-month ‘decision-period’ for resolving the request. The Claimant submitted a claim alleging breaches of the flexible working legislation and that the process had not been concluded within the three-month period. The Employment Tribunal held that the Claimant’s agreement to attend the hearing implied an agreement to extend the decision period itself. The Employment Appeal Tribunal overturned the decision and held that an agreement to extend the three-month decision-period for resolving flexible working requests must be clear. In turn, agreeing to attend the appeal hearing did not necessarily mean the employee agreed to extending the decision period.


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