Request for Flexible Working Denied: MoJ Admin Officer Awarded £29K By Employment Tribunal

Published : August 1, 2025

In Ms G Platukyte v Secretary of State for Justice, an administrative officer suffering from severe menstrual symptoms succeeded in her disability discrimination claim after an employment tribunal found that her request for flexible working was repeatedly mishandled. Despite her condition qualifying as a disability under the Equality Act 2010, Ms Platukyte received little support, was frequently forced to take time off, and was issued multiple attendance warnings as a result.

In this article, we examine the case facts and discuss the employment tribunal’s judgment. We unpick whether employees can take period pain sick leave and the associated legal rights. If an employee’s work is impacted by their menstrual symptoms, we also discuss how they can manage them.

If you have any questions about menstruation leave or believe your employment rights have been breached, contact Redmans Solicitors now. As experts in the sector, we can analyse your situation, answer your queries, and discuss your possible next steps.

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The Facts in Ms G Platukyte v Secretary of State for Justice

Request for Flexible Working Withdrawn and Inconsistently Applied

Ms G Platukyte (“the Claimant”) works as an administrative officer for the Secretary of State for Justice (“the Respondent”). Unfortunately, she suffers from various challenging menstrual symptoms, including associated migraines, abdominal pain, vomiting, loss of consciousness and heavy bleeding.

These symptoms often prevent the Claimant from being able to attend the office for approximately five days per month. Adjustments, including working at home, were initially agreed to help manage her condition; however, these were withdrawn in March 2022.

Going forward, the Claimant was required to attend work, submit a daily request for flexible working, or use sick leave. While her requests to work from home weren’t denied outright, they were inconsistently approved. For example, on 7 November 2022, her request was rejected on the basis that there was insufficient remote work available. Then, on 28 February 2023, although her request was ultimately approved, it was initially refused.

Resulting Attendance Warnings and Career Impact

As a consequence of these inconsistent approvals, the Claimant was forced to take regular periods of sick leave. This led to her receiving two attendance warnings—one on 18 January 2023 and the other on 9 October of the same year, although the latter was rescinded following an appeal.

The Claimant believed these warnings damaged her career prospects, having shown interest in five potential promotions. She eventually brought her claim to the employment tribunal on 5 January 2024, alleging discrimination arising from disability and a failure to make reasonable adjustments. At such time, she outlined how the treatment she’d endured had caused her to experience “severe and sustained” stress, anxiety, tearfulness, depression and hair loss, to name but a few impacts.

The Employment Tribunal’s Judgment

During the proceedings, the Respondent apologised for its behaviour. It acknowledged that it had failed to provide reasonable adjustments and had no justifiable reason for doing so. It also apologised for the distress it had caused by subjecting the Claimant to unnecessary attendance management warnings.

In its statements, the Respondent disclosed that it had misunderstood advice received following an occupational health assessment. Mistakenly, it believed that it was only required to approve the Claimant’s request for flexible working “when business needs could accommodate this,” rather than at all times.

The tribunal subsequently upheld both claims, finding that the Claimant had suffered a detriment as a result of her disability, namely the unnecessary attendance management warnings, and hadn’t received the reasonable adjustments she was entitled to. While the Claimant wasn’t medically diagnosed with depression, the tribunal also accepted that she felt this way.

That said, her claim that the attendance warnings affected her career progression was dismissed due to a lack of evidence. Her allegation of aggravated damages was also rejected, as the tribunal found no indication that the Respondent acted in a high-handed or insulting manner, but instead followed, albeit mistakenly, its policies and occupational health assessment advice.

Given the Respondent’s apology and clear admission of liability, the tribunal deemed it suitable to award the Claimant compensation based upon the middle band of the Vento guidelines. These guidelines establish the level of compensation appropriate for injury to feelings, taking into account the extent of emotional harm caused.

The middle band involves significant emotional distress, more than minor, but isn’t considered one of the most serious cases. In the Claimant’s case, she received £24,000 for injury to feelings, plus an additional £5,065.64 in interest, totalling £29,065.64.

Period Pain Sick Leave: What Employees Need to Know

Employees are entitled to take sick leave in circumstances where their period pain renders them unfit to work. While there’s no specific or separate right to menstruation leave, period-related illnesses are treated like any other health condition under an employer’s standard sick leave policy.

Legally, employers cannot refuse a valid request for sick leave, whether it’s related to menstrual symptoms or something else entirely. That being said, Statutory Sick Pay (SSP) only applies from the fourth consecutive day of absence. Consequently, unless one’s employer offers enhanced sick pay, employees taking such leave will lose income for the first three days.

Is Menstruation Leave Required by Law in the UK?

Unlike countries such as Spain, the UK doesn’t currently provide employees with a specific statutory right to menstruation leave. Employers may choose to offer it, but doing so is entirely at their discretion.

Although employees can rely on standard sick leave when symptoms are severe, as discussed above, this is often financially impractical unless enhanced contractual sick pay is available. Furthermore, as seen in the case referenced earlier, where sick leave was relied upon after a request for flexible working was repeatedly denied, formal warnings can result should absence thresholds be triggered.

However, if any detriment or dismissal subsequently followed, it would likely constitute sex or disability discrimination, depending on the circumstances. Employers generally want to avoid matters from escalating, so simply providing context can help resolve the matter quickly and informally.

What Employees Can Do If Menstrual Pain Affects Their Work

Given that a specific, statutory period pain sick leave doesn’t currently exist in the UK, those experiencing intense menstrual symptoms may question how they can cope at work. There are measures employees can take to help manage their condition, though. For example, if flexible arrangements such as working at home are practical to implement, this could provide a solution. If sick leave comes with enhanced contractual pay, this could be an option, too.

Yet, if an employee’s symptoms are so severe that they constitute disability, the individual would gain additional protections and entitlements. In such cases, failing to recognise or accommodate those rights could lead to a claim for disability discrimination and compensation.

Examples of disability discrimination in this context include failing to make reasonable adjustments, such as permitting working from home where appropriate, or disciplining an employee for absence levels caused by their condition. This was the case for Ms Platukyte after her request for flexible working was repeatedly denied.

If an employee is unsure of their entitlements or believes their rights have been breached, they should first discuss the matter with their employer. This can help resolve the matter quickly and prevent the issue from escalating.

However, if needed, a formal grievance can be pursued, followed by ACAS early conciliation or even an employment tribunal claim. It’s advisable for employees in such circumstances to seek specialist advice before proceeding, though.

Get Help with Redmans

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The information on this page is intended for general informational purposes only and does not constitute legal advice.