Financial Conduct Authority

1 EMPLOYMENT TRIBUNALS Claimant: Miss Wilson Respondent: Financial Conduct Authority Heard at: Croydon (by CVP) On: 20 November 2023 Before: Employment Judge Richter REPRESENTATION: Claimant: Miss Wilson Respondent: Mr Blitz JUDGMENT The judgment of the Tribunal is as follows: 1. On 9 th December 2022 Miss Wilson (the Claimant), who works as a Senior Manager for the Financial Conduct Authority, the Respondents, submitted a Flexible Working Application pursuant to s.80F of the Employment Rights Act 1996 (as amended) (“the Act”). 2. The Application sought a change to the Claimant’s terms of employment to enable her to work entirely ‘remotely’ in the sense of using computer and other electronic equipment to complete her work without ever attending a physical office location. The Law 3. Section 80F of the Act provides that a qualifying employee may apply for a change in the terms and conditions of their employment, including: 2 (iii) Where, as between his home and a place of business of his employer, he is required to work 4. Section 80G of the Act sets out the employer's duties in relation to an application under Section 80F of the Act; it provides that: "An employer to whom an application under section 80F is made - (a) shall deal with the application in accordance with regulations made by the Secretary of State, and (b) shall only refuse the application because he considers that one or more of the following grounds applies.... (v) Detrimental impact on quality; (vi) Detrimental impact on performance 5. Section 80H(1) of the Act provides that: "(1) An employee who makes an application under section 80F may present a complaint to an employment tribunal- (a) that his employer has failed in relation to the application to comply with section 80G(1), or (b) that a decision by his employer to reject the application was based on incorrect facts". ...