If the claim relating to the rights of parents and carers is successful, the tribunal may make the following orders:
| Protected right | Remedy for breach |
| Time off for antenatal care | Tribunal can order an employer to pay an employee what she should have received for the period requested |
| Time off to care for dependants | Tribunal can order an employer to pay employee such compensation as the tribunal considers just and equitable in all the circumstances |
| Parental leave | Tribunal can order an employer to pay an employee such compensation as tribunal considers just and equirable in all the circumstances |
| Flexible working (right to request) | Tribunal can order an employer to pay an employee such compensation as the tribunal considers just and equitable in all the circumstances, up to a limit of 8 week's pay, subject to the statutory cap on a week's pay |
| Flexible working (right to be accompanied) | Tribunal can make an order for compensation of uyp to 2 week's pay, subject to the statutory cap on a week's pay. |
An Employment Tribunal has no power to order the employer to comply with a request for flexible working. The tribunal is entitled to consider the evidence to assess whether the employer's decision to refuse a request to work flexibly was based on incorrect facts, although it is not permitted to consider whether the employer acted fairly or reasonably in putting forward its rejection of the employee request for flexible working.
In order for the tribunal to assess whether the facts upon which the employer based his decision were correct or not, the tribunal will examine all the circumstances surrounding the situation in which the request was made.
In particular, the tribunal will consider the following (non-exhaustive) factors:
- Could the request have been accepted without disruption?
- How do other staff feel about the request?
- Could the time lost through flexible working be made up?