Claimant v Metropolitan Police Service
Outcome
Individual claims
The unfair dismissal claim was withdrawn by the claimant in March 2025. Police constables are not employees and have no right to claim ordinary unfair dismissal in the Employment Tribunal. The tribunal declined to reconsider the withdrawal.
The race discrimination claim was struck out as having no reasonable prospect of success. The claimant failed to plead facts that would make out a prima facie case. The comparators cited had materially different circumstances, and the generalized assertions of institutional racism were not justiciable and did not show the claimant was dismissed because of his race.
The disability discrimination claim was struck out as having no reasonable prospect of success. The claim did not disclose a valid cause of action and had no relevant particulars. Simply ticking boxes on the ET1 without any details or reference to discrimination was wholly insufficient.
Facts
The claimant, a police constable of 22 years, had his recruitment vetting withdrawn in March 2024 due to the cumulative effect of approximately 15 allegations of misconduct over an extended period. He was subsequently dismissed in October 2024 as it was impractical for him to work as a police constable without vetting. He brought claims for unfair dismissal and race and disability discrimination, but provided no particulars of discrimination in his ET1 forms beyond ticking boxes. His internal appeal made no reference to race or disability discrimination. Later he attempted to amend his claims, citing institutional racism and lack of support for his dyslexia and dyspraxia.
Decision
The tribunal refused all amendment applications as they were substantially out of time, lacked proper particulars, and would introduce new claims far wider than the original vetting decision. The discrimination claims were struck out as having no reasonable prospect of success because they disclosed no valid cause of action and the claimant failed to plead facts that would make out a prima facie case. The unfair dismissal claim remained withdrawn as police constables have no right to claim ordinary unfair dismissal.
Practical note
Simply ticking discrimination boxes on an ET1 without any supporting particulars is wholly insufficient, and claims alleging institutional discrimination without specific facts linking the protected characteristic to the decision under challenge will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6006924/2024
- Decision date
- 20 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- emergency services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Police Constable
- Service
- 22 years
Claimant representation
- Represented
- No