Recent headlines revealed a tribunal outcome that an administrative officer at the Ministry of Justice was awarded over £29,000 in compensation after her repeated requests to work from home due to serious menstrual health issues were mishandled. This case highlights a critical failure to apply hybrid or remote working arrangements fairly and consistently. In this post, we’ll explore how employers can bolster employee wellbeing and uphold legal obligations by designing policies that truly support flexible working, reasonable adjustments, and inclusive workplace practices.
Background of the Case
Ms Platukyte, worked in the secretary of state for justice’s office as an administrative officer. The tribunal heard that she suffered from debilitating menstrual symptoms including intense pain, migraines, and vomiting. Despite her manager previously agreeing to adjustments allowing her to work from home when unable to work in the office, this was later retracted.
She was advised that she must work in the office or take sick leave if she’s unable to do this. This would apply even during the three to five days each month her symptoms were most intense. The tribunal found that she faced disability-related discrimination after being issued with “unsatisfactory” attendance warnings due to the health-related absences that followed this.
The tribunal ultimately found that the employee suffered significant injury to feelings which included anxiety, severe and sustained stress, loss of self worth, and strain on personal relationships over around 17 months. Therefore, the tribunal found this was at a result of the actions of her employer. A lack of reasonable adjustments were made.
Platukyte’s was awarded £29,065, £24,000 for injury to feelings and £5,065 in interest.
Understanding Employer Obligations
When an employee makes a request to work from home or alter their working pattern, employers are legally required to give it proper and reasonable consideration. Under the Equality Act 2010, if the request is linked to a health condition that could be classed as a disability, employers must also consider whether adjustments are needed to prevent the individual being placed at a disadvantage.
In this case, the tribunal found that failing to accommodate the admin officer’s health needs and issuing attendance warnings amounted to discrimination arising from disability. The lesson for employers is clear: flexible and hybrid working requests are not just a matter of convenience, but can fall under legal obligations around reasonable adjustments.
This means businesses should:
- Assess each request on its own merits, rather than applying blanket refusals.
- Engage in an open dialogue with the employee to explore practical solutions.
- Keep decisions transparent and documented to demonstrate fairness and compliance.
By understanding and fulfilling these obligations, organisations can avoid costly disputes and build trust with their workforce.
Lessons for Flexible Working Policy Design and Leadership
To ensure you are making reasonable adjustments and handling flexible working requests correctly, you must prioritise policy design and leadership. This includes:
Clear, accessible guidance
Make sure staff and managers know exactly how to request hybrid or remote working. This should include a straightforward process, clear timescales for responses, and accessible policies that use plain language. Having everything written down and easy to find helps prevent confusion. It promotes consistency, and reassures employees that their request will be handled fairly.
Tailored reviews
Every request should be assessed on its own merits rather than applying a blanket response. This is especially important where an employee highlights health conditions, disabilities, or caregiving responsibilities. Considering personal circumstances carefully shows empathy. It also reduces the risk of discrimination and ensures that decisions are balanced and inclusive.
Documented decisions
Managers should keep a record of discussions, outcomes, and the reasoning behind decisions on flexible working requests. This not only ensures accountability but also protects the organisation if decisions are challenged later. Clear documentation demonstrates that requests have been treated fairly, consistently, and reasonable adjustments were made.
Training for managers
Line managers need support to handle hybrid and remote working requests appropriately. Management Training should cover how to identify when a request may relate to a disability, how to meet legal obligations around reasonable adjustments, and how to hold sensitive conversations with staff. Well-trained managers are more confident, fairer, and better equipped to manage diverse teams.
Flexible working champions
Encourage culture shifts where hybrid working is embedded rather than an exception.
Protecting Inclusion and Wellbeing
As an employer, you have a duty of care to provide your employees with a safe and healthy working environment. Demonstrating a genuine commitment to health and wellbeing not only fulfils this responsibility but also helps to build a positive workplace culture where people feel valued and supported. A focus on wellbeing contributes to greater employee satisfaction, and stronger morale. It can also improve productivity across the organisation.
One effective way to support wellbeing is by offering flexible working. Providing employees with greater freedom over how, when, and where they work can reduce stress, improve work-life balance, and encourage loyalty. Staff who feel trusted and empowered to work flexibly are not only more engaged but are also more likely to remain with the business in the long term. Flexible working can also promote fairness and inclusivity by recognising the diverse needs of employees, whether that be caring responsibilities, health conditions, or personal circumstances.
In addition, embracing flexibility reduces the risk of disputes or legal challenges. It demonstrates a proactive approach to equity and compliance with employment legislation. Ultimately, prioritising health, wellbeing, and flexibility creates a stronger, more resilient workforce. Positioning your business for sustainable success.
Steps to Take Now
Here are steps to take to avoid similar cases in the future:
- Complete an audit of your current flexible-working policy to ensure they are consistent and in line with current legislation.
- Hold management training sessions on handling adjustments and health-related requests.
- Launch an anonymous feedback form so employees can highlight policy gaps.
- Review attendance warnings carefully to ensure underlying causes (e.g. health) were properly addressed before formal action.
If you would like support to implement any of these steps in your organisation, contact our HR Consultants now.
Conclusion
The recent tribunal case is a reminder that failing to consider reasonable adjustments within flexible working requests can have serious consequences. By approaching each request with openness, empathy, and a clear understanding of legal obligations, organisations can avoid costly disputes while fostering a more inclusive workplace. Flexible working is no longer just a “nice to have” — it is a key part of building trust, supporting wellbeing, and ensuring fairness across the workforce. Businesses that get this right will not only stay compliant but also strengthen engagement, retention, and reputation in the long run.
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If you would like support with making reasonable adjustments or introducing flexible woking in your business, contact us.
