Manager loses tribunal claim over right to work only from home

A senior manager has lost her tribunal claim for the right to work entirely from home.

Joanne Stronach Director and Head of Employment reports on this recent case.

The case involved Miss Wilson, who works for the Financial Conduct Authority (FCA). The FCA allowed her to work from home during Covid for health reasons.

When Covid restrictions eased at the end of 2022, she applied to change her terms of employment so she could work entirely from home.

The FCA rejected the application. Her line manager wrote to her saying: “Approving this request could have a detrimental impact on performance or quality of output, as you will not attend face-to-face training sessions, departmental away days/meetings and you will not be able to provide face-to-face training or coaching to team members or new joiners.

“Your ability to input in management strategy meetings and be involved in in-person collaboration will also be negatively impacted.”

Wilson lodged an appeal with the FCA, but this was rejected.

She then brought a claim to the Employment Tribunal, which ruled against her.

Employment Judge Richter said: “This is a case which raises a key issue in the modern workplace, and which will no doubt be the subject of continued litigation.

“Importantly in my judgment, at the moment there is no right to require an employer to permit that an employee works exclusively remotely but, as is engaged in this case, there is a right that an employer considers such a request in accordance with the statutory scheme.

 “It is the experience of many who work using technology that it is not well suited to the fast-paced interplay of exchanges which occur in, for example, planning meetings or training events when rapid discussion can occur on topics.

“Similarly, there is a limitation to the ability to observe and respond to non-verbal communication which may arise outside of the context of formal events, but which nonetheless forms an important part of working with other individuals.

“This is particularly so when considering the senior position held by the claimant.”

However, Wilson was awarded one week’s pay of £643 because the FCA had failed to inform her of the appeal outcome within the statutory decision period.

If you would like more information about the issues raised in this article or any aspect of employment law please contact Joanne on 01228 516666 or click here to send her an email.