Indirect discrimination—rejection of flexible working request is application of PCP (Glover v (1) Lacoste UK Ltd (2) Harmon)

Table of contents

• What are the practical implications of this judgment?
• What is the relevant background?
• Background law
• Background facts
• The decision of the employment tribunal
• What did the EAT decide?
• Case details

Article summary

Employment analysis: Once an application for flexible working (eg to work on a limited number of days only each week) is determined, following an appeal process, the provision, criterion or practice (PCP) (eg to be fully flexible as to working days) has been applied, and may therefore have put the applicant at a disadvantage, for the purposes of an indirect discrimination claim. That is the case even if the applicant is away from work when the request is made and never returns to work. It remains the case even if the employer subsequently agrees to the terms of the original application, according to the EAT.