Flexible working, indirect sex discrimination and internal appeals

Employers should take note of what appears to be the first case to consider the effect of a successful internal appeal on a prima facie case of indirect sex discrimination. The EAT held that an employee had not suffered indirect sex discrimination when her flexible working request, which was initially refused, was subsequently accepted on appeal before her return to work from maternity leave.

However, businesses should be aware that a similar case with slightly different facts may be decided differently, depending on the timing of a successful internal appeal decision in relation to the employee's return to work date.