Claimant v Metropolitan Police Service
Outcome
Individual claims
Tribunal found no breach of duty to make reasonable adjustments. Claimant suffered substantial disadvantage but adjustments had in fact been made and continued to operate: claimant continued to work from home and respondent had not taken action to prevent this. Respondent held case conference instead of formal UPP meeting. Efforts were made to find alternative role but none available. Tribunal concluded respondent's actions were entirely fair and reasonable.
Claimant alleged unfavourable treatment by threats of informal action and instigation of UPP process because of his inability to attend office arising from disability. Tribunal found the respondent's actions were reasonable and proportionate means of achieving legitimate aims: requiring officers to carry out full role based on medical advice, and instigating UPP after failure of informal process. Medical evidence stated claimant was fit to attend office with sensible precautions.
Tribunal found respondent's PCPs (requiring officers to attend office at least some of the time, and subjecting officers who refuse to engage to UPP process where they cannot fulfil full duties at home) were proportionate means of achieving legitimate aim. Reasonable for large police force to require office attendance where officers cannot fully complete duties at home, particularly where medical advice stated claimant was fit to attend office with precautions.
Facts
Claimant was a serving police constable since 1997 with physical disabilities from on-duty incidents. He worked from home exclusively from March 2020 due to being clinically extremely vulnerable during COVID-19 pandemic. Post-pandemic, he requested permanent working from home as a reasonable adjustment, citing continued risk from COVID-19. Occupational Health stated he could attend office with sensible precautions, but his GP advised against it. Respondent required him to attend office at least part-time as he could not fulfil full duties from home, and threatened UPP (performance) process when he refused.
Decision
Tribunal dismissed all claims. Found claimant suffered substantial disadvantage but no breach of duty to make reasonable adjustments because adjustments had been made: claimant continued working from home and respondent had not yet taken formal action. Discrimination arising from disability and indirect discrimination claims failed as respondent's actions were proportionate means of achieving legitimate aims: requiring officers to carry out full role based on medical advice, and maintaining discipline where officers cannot fulfil duties.
Practical note
Even where a disabled employee suffers substantial disadvantage, there is no breach of duty to make reasonable adjustments if the employer has already implemented adjustments to accommodate the employee and continues to engage constructively, particularly where medical evidence supports the employer's position that the employee can work with appropriate precautions.
Legal authorities cited
Statutes
Case details
- Case number
- 3305727/2024
- Decision date
- 7 January 2026
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- emergency services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Police Constable
- Service
- 27 years
Claimant representation
- Represented
- No