Flexible Hours Gossip at Work Ends with Father Winning £20K

In the case of Mr Courtney Rawlins v DPD Group UK Limited, an employment tribunal has awarded a former delivery driver £20,000 in compensation on the grounds of harassment related to sex. This comes after the father felt forced to resign when gossip about his flexible hours created a hostile working environment. 

Read on as we break down the key facts of the case and examine the tribunal’s judgment in more detail. We will discuss who is eligible to make a flexible working request and uncover how this applies to parents in the UK.

At Redmans Solicitors, we specialise in employment law and are here to help if you have any questions or believe you’ve experienced sex-based harassment. Please don’t hesitate to reach out. We can offer a consultation to analyse your case and advise on the best course of action.

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The Facts in Mr Courtney Rawlins v DPD Group UK Limited

Claimant Granted Flexible Hours Following Birth of His Child

Mr Courtney Rawlins (“The Claimant”) began working for DPD Group UK Limited (“The Respondent”) as a delivery driver on 15 February 2021. Before his daughter was born in March 2022, he made a flexible working request, which was approved in January. Thus, following the end of his paternity leave, he worked 10-hour shifts Monday to Thursday with Fridays off.

Colleagues Gossip About Flexible Working Hours

This flexible hours arrangement worked well for the claimant, as it provided him more time to look after his baby daughter. Unfortunately, he noticed that after his return, attitudes toward him changed. His managers seemed dissatisfied with the adjustments to his schedule, and following a confidentiality breach, his flexible working hours arrangement became public knowledge. This soon led to colleagues gossiping about him.

One notable instance involved a co-worker, Mark Jackson, who, in or around February, allegedly commented that it was unfair for the claimant to have Fridays off. Mr Jackson reportedly went so far as to say he would speak to management to challenge the decision. Such remarks only heightened the tensions surrounding the claimant’s work arrangement.

To make matters worse, the claimant found that his workload seemed to increase after his flexible hours had been granted. After just one week of training, he was assigned to a specific route but was then instructed to assist another driver before completing his own deliveries. 

When the claimant eventually complained and raised a grievance about the additional work, the respondent made changes. Although they didn’t uphold that his workload was unfair, they agreed to only assign him to his own routes.

Despite the increase in work, neither his managers nor colleagues gave him any sympathy, though. On one occasion, his manager said, “Well, at least you’ve got tomorrow off, so it doesn’t matter how busy you are today”. Meanwhile, several comments were made by co-workers, saying things like, “At least you’ve only got 4 days now”.

Employment Tribunal Proceedings Follow Resignation

With gossiping, an increased workload and several incidents of managers berating him, the claimant resigned via email on 18 October. In his resignation, he said, “I feel extremely anxious about the thought of returning to work… As it stands, the working relationship is untenable”. Subsequently, he commenced employment tribunal proceedings, claiming, among other things, harassment related to sex.

The Employment Tribunal’s Judgment

While the employment tribunal dismissed the majority of the claims, they upheld the claim concerning harassment related to sex on three accounts. First, the tribunal found that the breach of confidentiality regarding the claimant’s flexible hours had directly led to gossiping, creating a hostile or humiliating environment for him.

Secondly, the tribunal explained how such hostility was further induced by the respondent’s failure to intervene and prevent the gossiping. Finally, although the comments about the claimant’s “extra day off” were not intended to create a hostile environment, they were found to have had that effect.

In each example, the tribunal explained how a “female with a flexible working arrangement in place for childcare reasons” would unlikely experience similar treatment. Where days off for childcare wouldn’t generally be seen as rest days for women, they were for the claimant.

As such, the tribunal held that the claimant had experienced sex-based harassment and awarded him £20,327.15. His compensation comprised loss of earnings, injury to feelings and interest.

Am I Entitled to Work Flexible Hours?

Since 6 April 2024, individuals legally classified as employees are entitled to request flexible hours from when they commence employment. This day-one employee right entitles eligible individuals to make up to two requests per any 12-month period.

Once a statutory flexible working request has been made, employers must approve it unless a genuine business reason prevents it. Furthermore, unless the request is fully accepted, the employee should be consulted before a decision is made. Throughout the decision-making process, employers should follow the ACAS Code of Practice and provide their decision within two months.

Do Parents Have to be Given Flexible Working Hours?

Parents can request flexible hours like any other employee. Employers must treat all requests equally and aren’t always required to grant them. That said, they must evaluate each request fairly and can only refuse for legitimate business reasons. If an employer fails to follow a fair process or refuses without valid grounds, they could open themselves to potential lawsuits.

Need Help with Your Flexible Hours Request?

It could be that your flexible working request has been declined for no valid reason. Alternatively, you may believe you’ve experienced sex-based harassment. Whatever the case, if you think your employment rights have been breached, please don’t hesitate to get in touch. Redmans Solicitors are experts in the employment law sector, and following a quick chat, we could advise you on your possible next steps. Should you have an eligible case, we could also guide you through the legal process.

If you would like to begin your journey with us today, please: