Cases1804950/2023

Claimant v The Chief Constable of South Yorkshire Police

3 January 2025Before Employment Judge BrainMidlands Eastin person

Outcome

Partly successful

Individual claims

Discrimination Arising from Disability (s.15)(disability)partly succeeded

Both claimants succeeded on claims of unfavourable treatment for something arising in consequence of disability (s.15 EqA 2010) in relation to their removals from specialist roles to FCMU. Driver also succeeded on removal to Operation Adonis. The tribunal found the moves were because of 'something arising' from disability (restricted/adjusted duties status arising from disability), unfavourable, but only the FCMU and Adonis moves failed objective justification. Other s.15 claims failed as justified or because disability was not the reason.

Direct Discrimination(age)failed

All direct age discrimination claims failed. The tribunal found no evidence that age was the reason for any of the treatment. Moves were based on operational need, resource constraints, and restricted duties status (arising from disability), not age. No comparator evidence supported a finding of age discrimination.

Otherfailed

Part-time worker discrimination claims under the 2000 Regulations failed. No valid full-time comparators engaged in the same or broadly similar work under the same type of contract were identified. The tribunal found that part-time status was not the sole or even material reason for any of the treatment complained of.

Facts

Two retired police constables (Driver and Brackpool) returned to South Yorkshire Police under the '30+ scheme' in specialist roles (mounted section operations manager and dog handler respectively) on part-time contracts. Both had disabilities and were on adjusted/restricted duties. Between 2021-2023 they were repeatedly moved from their specialist roles to other duties: Driver to Operation Adonis, Football Intelligence Unit, and Force Crime Management Unit (FCMU); Brackpool to rural and wildlife crime and FCMU. Both resigned. They claimed age, disability, and part-time worker discrimination.

Decision

The tribunal found both claimants succeeded in part on disability discrimination (s.15 EqA 2010). Driver's removal to Operation Adonis and FCMU, and Brackpool's removal to FCMU, were unfavourable treatment for something arising from disability (restricted duties status) that the respondents failed to objectively justify. All age and part-time worker discrimination claims failed. Respondents jointly and severally liable. Remedy hearing to be listed.

Practical note

Employers must objectively justify removing disabled employees on adjusted duties from specialist roles, particularly where needs have diminished and the employee was specifically recruited back for that specialism; failure to review decisions or consider alternatives when circumstances change can render such moves disproportionate and discriminatory.

Legal authorities cited

Vento v Chief Constable of West Yorkshire Police [2003] ICR 318Aylott v Stockton-on-Tees Borough Council [2010] EWCA Civ 910Hendricks v Metropolitan Police Commissioner [2003] ICR 530Abertawe Bro Morgannwg University Local Health Board v Morgan [2018] EWCA Civ 640Augustine v Edenred (UK Group) Ltd [2022] ICR 367Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] ICR 337Akan v Governing Body of Sutton Primary School [2022] IRLR 899Madarassy v Nomura International Plc [2007] ICR 867

Statutes

Equality Act 2010 s.15Equality Act 2010 s.39(2)(d)Equality Act 2010 s.6Equality Act 2010 s.123Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 Reg 5(1)(b)Equality Act 2010 s.13Police Regulations 2003

Case details

Case number
1804950/2023
Decision date
3 January 2025
Hearing type
full merits
Hearing days
18
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
barrister

Employment details

Role
Police Constable - Mounted Section Operations Manager (Driver) / Police Constable - Dog Handler (Brackpool)

Claimant representation

Represented
Yes
Rep type
barrister