The Claimant was a police Inspector. In her claim form she made various complaints about her pay and annual leave entitlements in respect of the period when she worked part-time hours. She relied inter alia upon section 19 of the Equality Act, 2010 and regulation 5 of The Part Time Workers (Prevention of Less Favourable Treatment) Regulations, 2000. The Claimant complained that the terms applicable to part-time Inspectors relating to (a) pay (Annex F) and (b) accrual of days of leave entitlement (Annex O) were each being incorrectly interpreted and applied by the first Respondent in a way that amounted to less-favourable treatment of part-time Inspectors contrary to regulation 5 of The Part-time Workers (Prevention of Less Favourable Treatment) Regulations, 2000 and indirect sex discrimination contrary to section 19 of the Equality Act, 2010. In the alternative, she submitted that if the Annexes were being correctly interpreted and applied by the first Respondent, the Annexes themselves breached part 5, chapter 3 of the EqA. The ET dismissed her complaints and she appealed.

The EAT allowed the appeal in relation to pay. The first Respondent’s construction and application of Annex F, part 11 was erroneous and resulted in less favourable treatment of part-time Inspectors and indirect sex discrimination. The EAT dismissed the appeal in relation to annual leave. On a correct construction of Annex O, accrual of entitlement to days of annual leave was not related to hours of work.