In Claridge v Daler Rowney Ltd [2008] IRLR 672, the EAT held that, although it is for the tribunal to determine whether or not an employer has committed a repudiatory breach of contract, the employer's handling of the grievance procedure will amount to such a breach only where it fell outside the range of reasonable responses open to the employer.
In Commotion Ltd v Rutty, 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.