Refusal of part-time working

Case 15: The facts

Mrs Shaw wrote to her employer while she was on maternity leave, asking to return to work on a part-time rather than a full-time basis. Her employer asked her to complete a “request for flexible working” form, which she did. It then refused her request and Shaw resigned, claiming sex discrimination and constructive dismissal.

A tribunal held that the employer’s refusal to allow part-time working had amounted to both direct and indirect discrimination; however, it said Shaw had not been constructively dismissed, as she had resigned in response to the refusal of her flexible working request. As an employer is entitled to refuse such a request, the tribunal reasoned, this was not a breach of contract.

The ruling

The Employment Appeal Tribunal upheld Shaw’s constructive dismissal claim. It pointed out that it was the employer that had described Shaw’s request to work part-time as a “flexible working request”. Since the tribunal had found that the refusal amounted to sex discrimination, and it was clear that Shaw had resigned in direct response, this did amount to a constructive dismissal.