Claimant v Police Federation of England and Wales
Outcome
Individual claims
The tribunal found no reasonable prospect of success as the claimant's dismissal was not a consequence or effect of her disability itself. While she argued she was dismissed because of disability, dismissal is a separate event not arising from disability, and the causal link required under s.15 Equality Act 2010 was not established.
The claim had no reasonable prospect of success because the respondent's policy of withholding legal advice applied universally, not because of any protected act. The respondent was highly likely to show it withheld advice under its general policy to avoid challenges based on legal professional privilege, not because the claimant raised a protected act.
The claim under s.111A Equality Act (aiding a contravention) had no reasonable prospect because the respondent's policy applied universally and the claimant could not establish that the third-party solicitor withheld advice due to a protected act rather than following the respondent's standard policy.
The tribunal had no jurisdiction to hear this claim. Employment tribunal contract jurisdiction under s.3 Employment Tribunals Act 1996 only extends to contracts with the employer. The respondent was not the claimant's employer and had insufficient connection to be treated as such, following Oni v UNISON.
Facts
The claimant, a former Metropolitan Police officer, brought claims against the Police Federation relating to its refusal to provide legal assistance and withholding of legal advice obtained in assessing her case. She alleged this was disability discrimination arising from disability, victimisation for raising protected acts, that the respondent aided contraventions of the Equality Act, and breach of contract. The respondent had a universal policy of not sharing legal advice with members due to legal professional privilege concerns.
Decision
All claims were struck out. The tribunal found no reasonable prospect of success for the discrimination and victimisation claims because the respondent applied its universal policy of withholding legal advice, not because of disability or protected acts. The s.15 claim failed because dismissal was not a consequence or effect of disability itself. The breach of contract claim was struck out for lack of jurisdiction as the respondent was not the employer.
Practical note
A union's universal policy of withholding legal advice from members will defeat victimisation claims where the policy is applied consistently regardless of protected acts, and dismissal itself is not 'something arising from disability' under s.15 Equality Act 2010.
Legal authorities cited
Statutes
Case details
- Case number
- 3300531/2024
- Decision date
- 5 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No