Cases4102749/2024

Claimant v British Transport Police

4 June 2025Before Employment Judge B CampbellScotlandremote video

Outcome

Claimant fails

Individual claims

Indirect Discrimination(religion)withdrawn

Claimant withdrew this claim at the hearing.

Direct Discrimination(religion)failed

The tribunal found no connection between the claimant's protected beliefs about police independence and meritocratic advancement and the termination of his secondment. The respondents acted due to concerns about reputational damage, lack of advance notification, and inaccuracies in the article, not because of his protected beliefs.

Harassment(religion)failed

The tribunal concluded that while the claimant held protected philosophical beliefs, the adverse treatment he experienced (termination of secondment, grievance rejection) was not related to his holding or manifestation of those beliefs. The respondents' concerns were about professional conduct, not his beliefs themselves.

Victimisationfailed

The tribunal found that only the grievance to the second respondent qualified as a protected act (alleging disability discrimination). However, no detriment suffered after that grievance was shown to be because of making the protected act. The Article itself was not a protected act as it did not allege a specific contravention of the Equality Act.

Whistleblowingfailed

The tribunal accepted that both grievances contained protected disclosures (qualifying disclosures made to appropriate recipients alleging breaches of legal obligations). However, the claimant failed to demonstrate that any subsequent detriment he suffered was on the grounds of making those protected disclosures. Those handling the grievances acted independently and in good faith.

Constructive Dismissalfailed

The constructive dismissal claim failed at the first stage because the tribunal found no underlying contravention of the Equality Act. Without discriminatory treatment amounting to a repudiatory breach, the resignation could not establish constructive dismissal on these grounds.

Facts

The claimant was a Superintendent police officer with British Transport Police who was seconded to the College of Policing in a senior role. During his secondment he wrote an article for a professional publication criticising aspects of a new senior leadership programme (ELP), questioning whether diversity considerations were undermining meritocratic advancement. He did not notify his managers at the College before publication. The College terminated his secondment citing concerns about inaccuracies in the article, failure to fact-check, and damage to trust. The claimant was also subject to a Reflective Practice referral by his home force regarding alleged inaccuracies in his ELP application portfolio. He resigned after being unable to secure his previous role upon return.

Decision

The tribunal found that the claimant held protected philosophical beliefs about police independence from political influence and meritocratic advancement based solely on ability. However, the termination of his secondment and subsequent treatment were not because of those beliefs but due to legitimate concerns about professional conduct, failure to notify managers, perceived inaccuracies, and potential reputational damage to the College. All claims of discrimination, harassment, victimisation, and whistleblowing detriment were dismissed.

Practical note

Holding and expressing protected philosophical beliefs does not immunise an employee from legitimate management action taken for reasons unconnected to those beliefs; tribunals will carefully examine whether adverse treatment was actually motivated by the beliefs themselves or by separate, non-discriminatory concerns about professional conduct and organisational reputation.

Legal authorities cited

Babula v Waltham Forest College [2007] ICR 1026Owen & Briggs v James [1982] IRLR 502Bank Mellat v HM Treasury (No 2) [2013] UKSC 39Higgs v Farmor's School [2023] ICR 796Forstater v CGD Europe [2022] ICR 1Williams v Brown UKEAT/0044/19NHS Manchester v Fecitt and others [2012] IRLR 64Nagarajan v London Regional Transport [2000] 1 AC 501Igen v Wong [2005] ICR 931

Statutes

Equality Act 2010 s.19Equality Act 2010 s.26Equality Act 2010 s.27Employment Rights Act 1996 s.47B(1)Employment Rights Act 1996 s.43KAEmployment Rights Act 1996 s.43B(1)Equality Act 2010 s.13Employment Rights Act 1996 s.43C

Case details

Case number
4102749/2024
Decision date
4 June 2025
Hearing type
full merits
Hearing days
12
Classification
contested

Respondent

Name
British Transport Police
Sector
emergency services
Represented
Yes
Rep type
barrister

Employment details

Role
Superintendent (later seconded as Chief Superintendent, National Performance Improvement Lead)
Service
24 years

Claimant representation

Represented
Yes
Rep type
barrister