Claimant v Chief Constable of Surrey Police
Outcome
Individual claims
The claimant failed to prove that the requirement to work in the call centre put women in general at a particular disadvantage. There was no evidence of the proportions of men and women in the pool who could comply with the PCP, and the tribunal could not assume without evidence that working in the control centre was less financially viable for women generally. The claimant did not establish the prima facie case required under s.19(2)(b) Equality Act 2010.
The claimant was not dismissed and continued in the respondent's employment in a different role. Although the tribunal considered whether constructive unfair dismissal might apply, the claimant failed to show any fundamental breach of contract by the respondent. Without establishing a breach of contract, the claim could not succeed.
The tribunal found that the respondent dealt with the claimant's s.80F flexible working application in a reasonable manner under s.80G(1) ERA. The respondent was not required to offer a trial period when the arrangement was not acceptable long-term, and although the claimant requested data about administrative work, the respondent had reasonably considered the issue through discussions with managers and the absence of formal statistical reports was not unreasonable.
Withdrawn by claimant. Dismissed by judgment dated 5 March 2025.
Facts
The claimant, a Contact Centre Operator for Surrey Police since 2018, returned from maternity leave in January 2024 and requested to work from home until September 2024 due to childcare difficulties arising from nursery hours (9am-3pm) and her partner's unpredictable shift work. The respondent refused her flexible working request because taking 999 and 101 calls, the core role of her job, could only be done from the call centre, and following a critical HMIC inspection the force was under pressure to improve call response times. The claimant took a different role within Surrey Police that could be done from home.
Decision
All claims dismissed. The tribunal found the claimant failed to establish that the requirement to work in the call centre put women generally at a disadvantage, as there was no evidence about the relevant pool or proportions who could comply. Even if indirect discrimination had been established, the requirement was a proportionate means of achieving the legitimate aim of delivering an effective emergency service. The flexible working request was dealt with reasonably, and there was no dismissal.
Practical note
A requirement to work on-site to perform core emergency service duties is likely to be justified even where it causes acute childcare difficulties for an individual employee, particularly where the employer is under regulatory pressure to improve service standards and the employee cannot provide evidence of general group disadvantage.
Legal authorities cited
Statutes
Case details
- Case number
- 3303005/2024
- Decision date
- 14 November 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Contact Centre Operator
- Service
- 6 years
Claimant representation
- Represented
- No