Sarah Michelle Peebles v First Choice Selection Services Ltd (CASE REF: 1590/14, 2432/14)Posted In: Case Law
Legal BodyNorthern Ireland Industrial Tribunal (NIIT)
Type of Claim / JurisdictionWorking Time, A-Typical Working
During a period of maternity leave the claimant informally asked her Manager if she would be able to return on flexible working of 3 days per week. He indicated that there would be no problem in complying with the request. When the application was formally made to the Area Manager it was rejected and it was explained that the company wanted to avoid ‘setting a precedent’. However, it was agreed that a reduction would be allowed, but only for a 3 month period.
A claim was made under Article 112H of the Employment Rights (NI) Order 1996 and the tribunal held that ‘the avoidance of a precedent is not one of the permitted grounds’ that employers can rely on in refusing an application for
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