Cases2300788/2022

Claimant v Metropolitan Police Service

1 October 2025Before Employment Judge SudraLondon Southin person

Outcome

Claimant fails

Individual claims

Harassment(disability)failed

The tribunal found that Ms Slevin's occupational health referral and her comment that she saw no evidence the claimant was happy at work were made with genuine concern for the claimant's welfare. These were the actions of a responsible manager, not harassment. The comments did not have the purpose or effect of violating the claimant's dignity or creating an adverse environment, and were not made because of the claimant's disability.

Harassment(age)failed

The tribunal found that Ms Slevin's mention of retirement as an option in November 2021 was perfectly reasonable given the claimant was already partially retired. It did not violate dignity or create an adverse environment. As for the alleged comment by Mr Noar about grandchildren, the tribunal found on the evidence (including absence from contemporaneous notes and email) that this comment was not made. Even if it had been made, it would not constitute harassment.

Facts

The claimant worked as a crime researcher for the Metropolitan Police for 37 years. She suffered from anxiety and depression and had significant sickness absence. She semi-retired in November 2019 to a three-day week. In August 2021, her line manager Ms Slevin referred her to occupational health, stating the claimant found it hard to cope with management or change. During a home welfare visit in November 2021, Ms Slevin suggested retirement was an option. The claimant raised a grievance, and at a grievance meeting in January 2022 alleged that the grievance officer Mr Noar told her to retire and look after her grandchildren. Her grievance was not upheld. She retired in April 2024.

Decision

The tribunal unanimously dismissed both harassment claims. The tribunal found that Ms Slevin's occupational health referral and comments about the claimant not appearing happy at work were the actions of a responsible manager genuinely concerned for the claimant's welfare, not harassment. The mention of retirement as an option was reasonable given the claimant was already partially retired. The tribunal did not accept the claimant's evidence that Mr Noar made a comment about grandchildren, finding it would have appeared in contemporaneous notes and emails if true.

Practical note

Managers discussing retirement as an option with an employee who is already partially retired and experiencing health difficulties does not constitute age harassment, particularly where raised with genuine concern for welfare and without pressure.

Legal authorities cited

Richmond Pharmacology v Dhaliwal [2009] ICR 724Betsi Cadwaladr University Health Board v Hughes [2014] 2 WLUK 991Grant v HM Land Registry [2011] EWCA Civ 769Nazir and Aslam v Asim and Nottinghamshire Black Partnership [2010] ICR 1225South Western Ambulance Service NHS Foundation Trust v King UEAT/0056/19Robertson v Bexley Community Centre [2003] IRLR 434

Statutes

Equality Act 2010 s.136Equality Act 2010 s.123Equality Act 2010 s.26

Case details

Case number
2300788/2022
Decision date
1 October 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
emergency services
Represented
Yes
Rep type
barrister

Employment details

Role
crime researcher
Service
37 years

Claimant representation

Represented
Yes
Rep type
lay rep