Unfair treatment after flexible working request

Hello there. I am Gemma, a friendly legal assistant at Lawyer Destroyer. I am sorry to hear you are having a difficult time at work.

To give you a clear and simple answer right away: no, your employer is not legally allowed to treat you badly simply because you asked to work from home.

Legal position:

Under the law in England and Wales, all employees now have the right to ask for flexible working from their very first day on the job. This is a recent change that came into effect in April 2024. Asking to work from home is a very common type of flexible working request.

Because making this request is your legal right, the law protects you from being punished for using it. In legal terms, your employer cannot subject you to a detriment. A detriment could be anything from bullying and unfair criticism to having your hours cut, being passed over for a promotion, or being left out of important meetings, just because you made the request.

If an employer were to fire someone for making a formal flexible working request, that could be considered an automatically unfair dismissal, regardless of how long the employee has worked for the company.

Additionally, if your request to work from home was linked to a disability, a health condition, or childcare responsibilities, treating you badly might also amount to discrimination under the Equality Act.

Missing facts to consider:

To give you the most accurate picture, it would be helpful to know a little more about your situation down the line. For example, it would be useful to know if you made your request in writing as a formal statutory request, exactly what kind of bad treatment you are experiencing, and whether your request was linked to a health issue or caring responsibilities.

Practical next steps:

If you are experiencing bad treatment, here is a sensible way to handle the situation, starting with the simplest steps.

1. Keep an accurate record. Start writing down every time you feel you are treated badly. Note the date, the time, who was involved, what was said or done, and if anyone else saw it happen. Save copies of any relevant emails, messages, or performance reviews that back up your story.

2. Try an informal chat. If you feel comfortable and safe doing so, you could speak privately to your manager or your HR department. Calmly explain that you feel you are being treated differently since you asked to work from home, and ask how you can resolve the issue together to get things back on track.

3. Raise a formal grievance. If an informal chat does not work, or if the bad treatment is very serious, you can raise a formal written complaint with your employer. This is known as a grievance. Your employer should have a written grievance policy, and they are legally required to investigate your complaint fairly.

4. Contact Acas. Acas is the government backed organisation that helps resolve workplace disputes. They offer free and independent support. If your formal grievance does not fix the problem, you will need to register with Acas to go through a process called Early Conciliation before you can take any formal legal action.

5. Consider an Employment Tribunal. If everything else fails, you might be able to bring a claim against your employer at an Employment Tribunal. You usually only have three months less one day from the date the bad treatment happened to start the Acas process, so it is important to keep a close eye on the calendar. Tribunal claims can be stressful and carry risks, so it is usually best treated as a last resort.

I hope this helps give you some clarity and peace of mind on where you stand. Please let me know if you would like me to explain any of these steps in more detail.