EAT Overturns Disclosure Ruling in Flexible Working Case
In Orban v Rohan Designs Ltd, the EAT overturned an Employment Tribunal's refusal to disclose documents related to a colleague's approved flexible working request. The EAT deemed these documents potentially relevant to Ms Orban's own rejected request, impacting the fairness of her case.
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EAT Reverses Disclosure Decision in Orban v Rohan Designs Ltd
The Employment Appeal Tribunal (EAT) has overturned a ruling by an Employment Tribunal in the case of Orban v Rohan Designs Ltd, concerning the disclosure of documents relating to a flexible working request.
Background of the Case
Ms Orban's request for flexible working was rejected by Rohan Designs Ltd, with the company citing potential detrimental impact on business operations. Ms Orban challenged this, arguing it wasn't a genuine reason, particularly as a colleague, Ms X, had a similar request approved around the same time. The Employment Tribunal initially refused Ms Orban's request for disclosure of documents related to Ms X's approved application, deeming them irrelevant.
EAT's Decision
The EAT, presided over by Judge Susan Walker KC, disagreed with the Employment Tribunal’s assessment. The EAT found that the documents concerning Ms X’s flexible working arrangements were potentially relevant to Ms Orban’s claim. The EAT’s decision highlighted the importance of such documents in determining the fairness of Ms Orban’s case. While Rohan Designs has since voluntarily disclosed some documents, the EAT’s intervention underscores the importance of proper disclosure procedures in employment disputes.
Remote Evidence Ruling
In a separate appeal heard alongside the disclosure issue, the EAT addressed the arrangements for a witness residing in Canada. Judge Walker clarified the process regarding the Presidential Guidance on overseas witness evidence, ultimately confirming that the witness could give evidence remotely from Canada, facilitating a hybrid hearing format.
Implications for Employers
This case emphasises the importance of thorough and transparent processes around flexible working requests. The EAT's decision reinforces the need for employers to consider all relevant factors when assessing such applications and to be prepared to justify their decisions, including providing relevant documentation when challenged. Furthermore, the clarification on the procedure for overseas witnesses provides valuable guidance for handling similar situations in future cases.
