Mrs D Jalalli v The Commissioner of Police of the Metropolis and 2 others — 2022

The tribunal found that part-time inspectors were entitled to be paid for time worked above their determined hours up to a cap of 40 hours per week. Before September 2020, although a Form PS27 process existed, it was not well known and the claimant was not told about it when she sought help from her line manager, HR, payroll and the Network of Women. The tribunal found that the first respondent's process made it more difficult for a part-time inspector to claim pay than a full-time inspector, and that female inspectors were more likely to be part-time. No legitimate aim was advanced, so the indirect sex discrimination claim on this issue succeeded.

The tribunal also upheld the indirect sex discrimination claim concerning the lack of an accessible implemented process for recording or claiming additional hours before September 2020. It found that part-time inspectors were more likely to be female and were disadvantaged because full-time inspectors, mostly male, were paid automatically for hours up to 40 per week. The tribunal found no objective justification, while also finding that the absence of an advertised process was not deliberate.

The claims about payment for hours above 40 in a single week failed. The tribunal found that both full-time and part-time inspectors could take managed time for hours above 40 and that part-time inspectors should not be exempt from the expectation of some unpaid overtime reflected in inspectors' pay. The annual leave claims also failed: the tribunal found it appropriate and objectively justified to calculate fixed-hours part-time workers' annual leave by reference to determined hours, with holiday pay reflecting additional paid hours through Bear Scotland payments.

The Part-time Workers Regulations claim about the 30-minute minimum succeeded. The tribunal found that part-time inspectors were entitled to claim for each minute of additional time worked up to 40 hours, but the HR system prevented claims of less than 30 minutes. Full-time inspectors did not face that issue because they were paid automatically for 40 hours per week, and the first respondent did not assert objective grounds. A remedy hearing was to be listed.