Commotion Ltd v Rutty
Encyclopedia
Commotion Ltd v Rutty [2006] IRLR 171 (EAT) is an Employment Appeal Tribunal
case in which an employer, who denied its staff flexible working time, was found in breach of the Employment Rights Act 1996
for failing to have any lawful reason.
ss 80F-H.
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal non-departmental public body in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales...
case in which an employer, who denied its staff flexible working time, was found in breach of the Employment Rights Act 1996
Employment Rights Act 1996
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify the existing law on individual rights in UK labour law. Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the...
for failing to have any lawful reason.
Facts
Mrs Rutty was a warehouse assistant in Tonbridge, Kent packing educational toys for Commotion Ltd’s business. She and her husband had to take over care for their grand daughter, Jasmine. Mrs Rutty asked the warehouse supervisor, Mr Wood, for flexible working time, as a three day week. She was denied on the basis that the employer wanted to keep her as a full time member, by a Mr Brown. She appealed, and Mr Coote rejected her claim again, writing back saying that the company's policy was to ‘help to create a team spirit by having a uniform working day’. She resigned and claimed her application was unreasonably rejected, constructive unfair dismissal and indirect discrimination.Tribunal
The Tribunal held that there were no grounds on which the employer had shown that flexible working could not be accommodated, and hence its decision was based on incorrect facts.Employment Appeal Tribunal
Judge Burke QC upheld the tribunal, whose decision was not perverse or contrary to the law set out in the Employment Rights Act 1996Employment Rights Act 1996
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify the existing law on individual rights in UK labour law. Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the...
ss 80F-H.