Interesting to see that BA is to launch an appeal.
I do not think that they should have too much trouble in shewing that the Tribunal has exceeded its powers in deciding for itself what were or were not genuine business reasons.
The law says that when a request for flexibilty is made there is a duty to meet and properly consider the request. The request can be refused where there are clear business grounds. These need to be communicated clearly.
Importantly, Regulations state that a Tribunal does not have the power to question the business reasons for rejecting the request, though, they can ask to see evidence of the facts relied on to reject the application; they will also be able to examine whether the reasons were properly explained to
JS.
This is an important issue not just for BA but for us all. What the Tribunal has effectively said is that anyone can demand to work flexibly, as opposed to 'request' to work flexibly. This cannot be right.
I think it's yet another example of poorly thought out and drafted regulation, that has evaded proper parlimentary scrutiny. This is typical of what has been emerging over the last 8 years.