Flexible working features in an increasing number of employment law claims, write Rachel Crasnow KC and Imogen Brown, of Cloisters Chambers, in this week’s NLJ
Moreover, changes to the law on the right to work from home where feasible are likely to be proposed, should Labour win the general election.
The message for employers, therefore, is loud and clear: make sure you know what you’re doing on flexible working.
Crasnow and Brown, both specialist discrimination law counsel, look at the law as it currently stands, covering the most recent cases in this area, and look ahead to possible developments after the election.
Using a Q&A format, they provide a practical guide on what to do when presented with flexible working requests, and how a case might play out at tribunal, for example, ‘My childcare responsibilities mean I need to work from home’, ‘health reasons mean I need to work from home’, or ‘I work just as productively at home so why should I come in?’
Crasnow and Brown write: ‘Amid current political and legal ambiguity, one thing remains certain: work-from-home claims are on the rise, and practitioners need to prepare for the fallout that will result.’
They recommend employers and employees, and their representatives, stay updated on emerging case law in this area, as well, of course, as any legislative developments.
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