Ms N Jones v London Underground Limited — 2022

The Tribunal dismissed the direct sex discrimination claim. It found that the Claimant's contractual position remained her 35-hour role on the Hainault roster, subject to local arrangements and voluntary syndicate swaps, and that the named male comparators were materially different because of their individual medical and working circumstances. It also found no evidence that a hypothetical male comparator in materially the same circumstances would have been treated differently.

The Tribunal dismissed the indirect sex discrimination claim. It found that the Respondent applied PCPs requiring train operators, including the Claimant, to work on Saturdays and to work a pattern of earlies, lates and alternate weekends, and accepted that those PCPs put women, and the Claimant, at a particular disadvantage because of childcare responsibilities. It held, however, that the PCPs were a proportionate means of achieving legitimate aims including efficient Central Line performance, adequate staffing, balancing workforce needs, and maintaining industrial relations and union-negotiated agreements.

The Tribunal dismissed the victimisation claim because it found no facts from which it could decide, in the absence of another explanation, that the alleged detriments were because of the Claimant's protected act on 10 June 2021. It also stated that, if the burden had shifted, it would have accepted the Respondent's explanations for the return-to-work arrangements, lack of immediate occupational health referral, and roster position.

The flexible working claim succeeded. The Tribunal found that the form completed on 15 April 2021 was a statutory flexible working application and that the Respondent did not deal with it in a reasonable manner, including by treating the matter as an appeal, misidentifying the earlier arrangements, and not arranging the discussion required by the ACAS Code after the statutory request. It made a declaration and awarded five weeks' capped gross pay, totalling £2,720.