Cases2302072/2023

Claimant v Metropolitan Police Service

11 March 2025Before Employment Judge T PerryLondon Southremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)withdrawn

Claimant withdrew this claim at the start of the hearing.

Discrimination Arising from Disability (s.15)(disability)withdrawn

Claimant withdrew this claim at the start of the hearing.

Failure to Make Reasonable Adjustments(disability)failed

The Tribunal found the respondent had a PCP of requiring attendance at the office which placed the claimant at substantial disadvantage due to his Multiple Sclerosis (fatigue, mobility issues, toilet needs, weakened immune system). However, the Tribunal concluded that the respondent had taken reasonable steps by allowing short-term extensions of home working throughout the period in question, and that agreeing to open-ended indefinite home working would not have been reasonable given legitimate concerns about supervision and welfare, particularly given the claimant's contact with victims of crime and trauma.

Harassment(disability)failed

The Tribunal considered six separate allegations of harassment spanning from January 2023 to February 2024 (including statements about OH advice, refusals to refer to OH, statements about MPS policy on home working, suggestion of ill health retirement, and a comment about a meeting proceeding in the claimant's absence when hospitalised). The Tribunal found that while some conduct was unwanted, none was related to disability on a causative or associative basis — the actions arose from the respondent's interpretation of OH advice, its policies, and operational decisions. Even if related to disability, the Tribunal found the conduct did not have the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment, as the conduct was reasonable in the circumstances and part of an ongoing dialogue about adjustments.

Facts

The claimant, a long-serving witness care officer diagnosed with Multiple Sclerosis in 2013, worked from home from March 2020 due to Covid vulnerability and continued this arrangement for nearly three years. From January 2023, the respondent sought to require him to return to the office for at least 2 days per week despite Occupational Health advice supporting continued home working. The claimant requested permanent home working as a reasonable adjustment citing fatigue requiring daytime naps, mobility issues, continence problems and weakened immune system. The respondent refused on grounds including concerns about supervision of calls with victims of crime, welfare monitoring, training opportunities, and organisational policy against permanent home working.

Decision

The Tribunal dismissed all claims. The harassment claims failed because the respondent's actions (including statements about OH advice, policy on home working, and refusing further OH referrals) were not related to disability but arose from legitimate interpretation of advice and policies, and did not have the proscribed effect. The reasonable adjustments claim failed because the respondent had taken reasonable steps by allowing ongoing short-term extensions of home working throughout the relevant period, and requiring open-ended indefinite home working would not be reasonable given legitimate concerns about supervision and welfare of a staff member exposed to trauma through contact with crime victims.

Practical note

An employer may lawfully refuse permanent home working even where OH recommends it, if it allows continued temporary home working and has legitimate operational concerns (particularly welfare and supervision), though the reasonableness assessment will be highly fact-sensitive and may differ if the alternative is job loss.

Legal authorities cited

Anya v University of Oxford [2001] ICR 847UNITE the Union v Nailard [2018] IRLR 730Rihal v London Borough of Ealing [2004] IRLR 642Reed v Steadman [1999] IRLR 299Carrera v United First Partners Research UKEAT/0266/15Royal Bank of Scotland v Ashton [2011] ICR 632Archibald v Fife Council [2004] IRLR 651Lincolnshire Police v Weaver [2008]Richmond Pharmacology v Dhaliwal [2009] ICR 724Betsi Cadwaladr University Health Board v Hughes EAT 1079/13Pemberton v Inwood 2018 ICR 1291Qureshi v Victoria University of Manchester [2001] ICR 863

Statutes

Equality Act 2010 Schedule 8Equality Act 2010 s.26Equality Act 2010 s.21Equality Act 2010 s.20

Case details

Case number
2302072/2023
Decision date
11 March 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
emergency services
Represented
Yes
Rep type
barrister

Employment details

Role
Witness Care Officer
Service
23 years

Claimant representation

Represented
No