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England and Wales decisions
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The EAT dismissed an appeal in a sex discrimination and unfair dismissal case, holding that the tribunal properly assessed PCP justification and could weigh the claimant’s own hardship and responses.
Judge Postle did not make a final refusal of the application for a partially remote hearing; the process required following Presidential Guidance and consent from the relevant foreign state. For the disclosure appeal, the judge failed to adequately explain why documents relating to Ms X's flexible working request were not relevant, constituting an error of law.
Source excerpt
The EAT held that a flexible-working PCP was applied when the appeal decision was made, and remitted the sex discrimination issues to a new tribunal.
The Employment Appeal Tribunal held that the tribunal misidentified the comparison pool in an indirect sex discrimination claim about Thursday late shifts.
The Employment Appeal Tribunal dismissed an appeal against findings rejecting race, disability-related and victimisation claims arising from a refusal of flexible working after a transfer.
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