D Jallali v The Commissioner of Police of the Metropolis & Anor

D Jallali v The Commissioner of Police of the Metropolis & Anor

The Tribunal erred in applying the 40-hour pay cap to part-time Inspectors on a week-by-week basis, which resulted in less favourable treatment and indirect sex discrimination, as the correct interpretation requires an annualised approach consistent with full-time Inspectors. However, annual leave entitlement is governed solely by Annex O, which does not link accrual to hours worked, and thus the claim on leave entitlement fails.

Parties
Appellant: Mrs D Jallali; First Respondent: The Commissioner of Police of the Metropolis; Second Respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
11 May 2025
Procedural Posture
Employment Appeal / Judgment on Appeal From Employment Tribunal
Outcome
Appeal allowed in part; grounds 1 to 4 succeed, grounds 5 to 9 dismissed.
Legal Topics
Part Time Workers, Indirect Discrimination, Equal Pay, Police Regulations, Holiday Entitlement
Employment Law Equality and Discrimination Law Part Time Workers Indirect Discrimination Equal Pay Police Regulations Holiday Entitlement

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs D Jallali

Appellant

The Commissioner of Police of the Metropolis

First Respondent

The Secretary of State for the Home Department

Second Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the application of the 40-hour pay cap to part-time Inspectors on a week-by-week basis constitutes less favourable treatment and indirect sex discrimination
  2. 2 Whether annual leave entitlement for part-time Inspectors should be linked to determined hours or actual hours worked

Ratio Decidendi

The Tribunal erred in applying the 40-hour pay cap to part-time Inspectors on a week-by-week basis, which resulted in less favourable treatment and indirect sex discrimination, as the correct interpretation requires an annualised approach consistent with full-time Inspectors. However, annual leave entitlement is governed solely by Annex O, which does not link accrual to hours worked, and thus the claim on leave entitlement fails.

Court Disposition

Appeal allowed in part; grounds 1 to 4 succeed, grounds 5 to 9 dismissed.

Orders

  • Complaint in respect of unpaid hours worked in a single week in February 2021 (claim 2) succeeds against the first respondent under regulation 5 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and section 19 of the Equality Act 2010.
  • Case remitted to the Tribunal to determine remedy in all claims that have succeeded on liability.