In Gregory v Royal Mail Group Ltd, Gregory (G) is divorced and sees his daughter at weekends under access arrangements. Delivery and collection duties are undertaken 6 days a week. G made a flexible working request under the Flexible Working Policy to only work Monday to Friday, which was granted. Under the Policy, his terms and conditions of employment changed to reflect his new working hours. Subsequently, duty rosters were altered to improve efficiency and G was required to work 3 Saturdays per month. G complained arguing that his agreed contractual terms were being changed. His complaint was rejected and he was told to work the new duty hours. G resigned stating that the change imposed to his contract undermined trust to the point that he could no longer remain in employment. An ET found that Royal Mail had fundamentally breached G’s contract, entitling him to resign and upheld his constructive dismissal claim, awarding him £22,000.

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