Case 1402964/2019 · Employment Tribunal
Mr T Jeynes v The Chief Constable of Gloucestershire Constabulary — 2021
- Case reference
- 1402964/2019
- Decision date
- 2 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Midgley
- Venue
- Bristol
- Panel members
- Mrs S Maidment, Mr H Launder
Parties
2 namedClaimant
Mr T Jeynes
Key findings
Tribunal's reasoningMr Jeynes, a serving Gloucestershire police officer, relied on five disabilities accepted by the respondent: dyslexia, knee and hip injury, lymphoedema, sero-negative inflammatory arthritis, and mechanical back pain from a prolapsed disc. After a 2017 settlement of an earlier tribunal claim, the parties agreed an ETDP that formalised reasonable adjustments including a specialist chair, a variable-height desk, use of the Force Medical Room for physiotherapy, and the possibility of acting-up opportunities where operationally reasonable. The tribunal found that, in the IIT, he received substantial support including mentoring, leadership training, adjusted equipment, and repeated acting-up opportunities.
On the victimisation claim under s.27 EqA 2010, the tribunal accepted the protected acts relied on but rejected most of the alleged detriments as either not proved as pleaded or not detriments at all. It found that PH's remarks, exclusion from sergeants' meetings, changes to project work, the end of acting-up, and later promotion-related discussions were driven by operational structure, confidentiality, staffing needs, or genuine management concerns. The tribunal accepted that some of the claimant's complaints about chair use, the exercise room, and promotion support prompted enquiries and reviews, but not retaliatory treatment.
The s.15 claim failed because the tribunal did not accept that the respondent refused acting-up or secondment opportunities because of something arising from disability. It found the respondent was trying to match opportunities to operationally suitable roles, identify vacancies, and support the claimant's promotion route. Where JM initially expressed a restrictive view on 8 August 2018, the tribunal found this stemmed from a mistaken understanding of the ETDP and a preference for officers with outside-department experience, not from the claimant's protected acts; the position was later corrected and support for promotion was given once the OST issue had been clarified.
The s.20 claim was reduced to a PCP that officers were provided with standard equipment and facilities. The tribunal held that standard desks and chairs placed the claimant at a disadvantage, but the pleaded case did not properly advance a separate auxiliary-aid complaint about other officers using his chair. On the Force Medical Room issue, it found the respondent's response reasonable: it explored alternatives, allowed home visits for exercises while works were completed, and ultimately provided a sofa bed in the repurposed contemplation room. All claims were dismissed and no award was made.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Victimisation | The tribunal accepted the protected acts relied on, but found the alleged detriments either were not proved as alleged, were not detriments, or were operational decisions with no material connection to the protected acts. | Dismissed | — | — |
| Disability discrimination | Section 15 claim about acting-up and secondment opportunities. The tribunal found the respondent had not refused opportunities because of something arising from disability, and in any event any such treatment was justified. | Dismissed | Disability | — |
| Disability discrimination | Section 20 claim. The pleaded case was treated as a s.20(3) PCP claim only; the chair-use point was not properly advanced as a separate auxiliary-aid complaint, and the Force Medical Room adjustments were found reasonable. The tribunal also said any separate chair-use PCP would have been out of time. | Dismissed | Disability | — |
Legal tests applied
10 references- s.136 reverse burden of proof
- Nagarajan 'reason why' test
- Igen v Wong burden of proof
- Shamoon detriment test
- Williams v Swansea unfavourable treatment
- City of York Council v Grosset
- Pnaiser causation approach
- Griffiths v SSWP PCP formulation
- Hendricks continuing act
- Robertson v Bexley just and equitable extension
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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