Partner Alex Bearman has been quoted in an article in Fortune discussing a recent court ruling on remote work. The case involved a senior manager at the Financial Conduct Authority (FCA), who filed a request to work permanently remotely. The judge ruled in favour of the employer. Alex Bearman notes that a refusal to grant a request to work from home can be challenged in a tribunal if the decision is based on incorrect facts.
Interestingly, the tribunal seemed prepared to consider whether the employer’s findings that there would be a detrimental impact on performance or quality of output were “facts” which the employee therefore had the right to challenge as being “incorrect”, rather than being matters of judgement which could not be contested. Although the employee was unsuccessful in this case, this is arguably a more employee friendly approach which requires an employer to think more carefully about its reasons for any decision to refuse a request.”
Alex Bearman is in the employment law team, specialising in all areas of contentious employment law, with a particular focus on complex discrimination and whistleblowing claims as well as high value bonus disputes. He also advises clients who are bringing and defending unfair dismissal and breach of contract claims and has experience of dealing with proceedings brought in the courts as well as in the employment tribunal.