Statutory grievance procedure/flexible working: Formal application for flexible working was step-one grievance

In Commotion Ltd v Rutty UKEAT/0418/05/ZT, the EAT holds that it was open to the employment tribunal to find that an employee's formal application under the right to request flexible working satisfied step one of the statutory grievance procedure where it was presented after the refusal of an informal flexible working request. Although the employment tribunal was not entitled to examine the fairness and reasonableness of the employer's asserted ground for refusal of a flexible working request, it was entitled to examine and decide upon the factual correctness of the asserted ground.