Mr S Gillani v The Secretary of State for Justice — 2022

The tribunal found that the claimant, a part-time Project Supervisor supervising people on probation, worked more than six hours when travel time was included and did not receive an uninterrupted 20-minute rest break away from work. His role fell within the regulation 21(b) exception because it required a permanent presence involving supervision for the protection of persons and, to some extent, property, but the respondent had not shown that equivalent compensatory rest was impossible. The Working Time Regulations claim therefore succeeded from 3 April 2021 onward only.

The part-time worker claim about non-payment for a First Aid training course in June 2019 was dismissed because it was brought significantly out of time. The tribunal considered the length of delay, prejudice to the respondent, and the fact that the claimant had been offered a grievance appeal resolution but did not resubmit the claim form requested by the respondent.

The indirect religion or belief discrimination claim about closing the Community Payback service over Easter 2021 was dismissed. The tribunal treated the Easter closure as a PCP for the purposes of analysis, but found that non-Christian staff were not placed at the required particular disadvantage and that the claimant personally was not disadvantaged because he had already booked leave on the relevant dates.

For victimisation, the respondent admitted that the claimant's March 2021 grievance was a protected act. Most alleged detriments were either not made out or were not found to be detriments; the tribunal did find that aspects of Ms Brown's handling of the flooding incident on 7 August 2021 amounted to a detriment, but concluded this was not because of the grievance and instead reflected the less than happy working relationship between them.