2207602/2022Dismissed

Department for Transport

5 July 2023·Employment Tribunal·England & Wales·Employment Judge H Grewal

Respondent

Department for Transport

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Decision date

5 July 2023

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge H Grewal

Case Summary

The Tribunal found that the Claimant’s application to change his terms and conditions from working at the Respondent’s office in London to working from home in Luxembourg was not an application under section 80F(1)(iii) of the Employment Rights Act 1996.

Why this outcome?

Jurisdictional bar

The tribunal found that the claimant's application to change working location from London to Luxembourg did not fall within the statutory framework for flexible working requests under section 80F(1)(iii) of the Employment Rights Act 1996, and therefore the claim had no legal foundation.

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Key Issues

  • Whether the Claimant made an application under section 80F of the Employment Rights Act 1996; If he did, whether the Respondent failed to comply with section 80G(1) of the Employment Rights Act 1996 in dealing with his application.

Original published judgment

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