Claimant v Metropolitan Police Service
Outcome
Individual claims
The tribunal found that reasonable adjustments had been made: the claimant's probation was extended multiple times, he was assigned to non-operational MIST duties when unfit, and driving duties were severely restricted when he requested. The tribunal found no breach of duty to make reasonable adjustments as the respondent acted reasonably and appropriately throughout.
The tribunal found that while disability-related absence was a factor, the principal reasons for dismissal were conduct and integrity issues unrelated to disability (two driving misconduct incidents, making unfounded allegations against other officers). The tribunal found dismissal was a proportionate means of achieving the legitimate aims of ensuring adequate attendance and maintaining conduct standards.
The tribunal found that Inspector Branford's comments about the claimant's back injury and absence, while unwelcome, were factual and made in the context of legitimate operational needs. It was not reasonable for the comments to have the effect of harassment. Likewise, the fast-track regulation 13 procedure was instigated due to misconduct, not disability, and was a legitimate procedure.
The tribunal found Inspector Branford's comment that PC Persaud was 22 years old and had no reason to lie was used as shorthand for her being a new officer with no motive to jeopardise her career by making malicious allegations. The reference to age was not harassment and it was not reasonable for it to have that effect in context.
The tribunal found no evidence that the claimant's age or PC Persaud's age influenced the decision to believe her account of the second driving incident. Inspector Branford based his belief on the overwhelming evidence including the vehicle's instant data recorder showing use of blue lights, which the claimant admitted.
The tribunal found that the fast-track regulation 13 procedure and recommendation for dismissal were not because of the claimant's protected acts (grievances dated 2 August and 16 August 2023). Inspector Branford's actions were motivated by multiple misconduct issues, not the grievances. Inspector Branford's comments about jeopardising careers of Sgt Riley and PC Persaud were factual observations about the serious nature of the claimant's unfounded allegations, not victimisation.
Withdrawn by claimant and dismissed by the tribunal.
Facts
The claimant was a probationary police constable who sustained a back injury in January 2022, causing significant absence and inability to perform operational duties until November 2022. He returned to full duties in February 2023 and completed all required competencies by August 2023. However, he was involved in two driving misconduct incidents (June 2022 and April 2023) and made serious allegations against colleagues including accusing Sgt Riley of assault and PC Persaud of making malicious allegations. A regulation 13 probation termination procedure was commenced, ultimately leading to dismissal on 21 February 2024 by Assistant Commissioner Rolfe, primarily due to conduct and integrity concerns rather than disability absence.
Decision
The tribunal dismissed all claims. The tribunal found the respondent had made reasonable adjustments including probation extensions, non-operational duties, and restricted driving duties. The dismissal was found to be principally due to misconduct and integrity issues (two driving incidents, making unfounded allegations against colleagues) rather than disability-related absence. The tribunal found the dismissal was a proportionate means of achieving legitimate aims. All harassment, direct discrimination, and victimisation claims failed as the tribunal accepted the respondent's evidence that decisions were based on conduct, not protected characteristics or protected acts.
Practical note
A probationary police officer dismissed primarily for conduct and integrity issues (making unfounded allegations against colleagues, driving misconduct) cannot succeed in disability discrimination claims even where disability-related absence was a background factor, where the employer can show the dismissal was proportionate and the conduct was unrelated to disability.
Legal authorities cited
Statutes
Case details
- Case number
- 2215333/2023
- Decision date
- 1 May 2025
- Hearing type
- full merits
- Hearing days
- 10
- Classification
- contested
Respondent
- Sector
- emergency services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Police Constable (probationary)
- Service
- 4 years
Claimant representation
- Represented
- No