Case 1804950/2023 · Employment Tribunal
Mr D A Driver Mr P J Brackpool Respondent 1: The Chief Constable of South Yorkshire Police Respondent 2: Mrs L Lynskey Heard at Sheffield v Respondent — 2024
- Case reference
- 1804950/2023
- Decision date
- 26 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brain Members
- Venue
- Sheffield
- Panel members
- Mr K Chester, Mrs P Pepper
Parties
1 namedClaimant
Mr D A Driver Mr P J Brackpool Respondent 1: The Chief Constable of South Yorkshire Police Respondent 2: Mrs L Lynskey Heard at Sheffield
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal recorded that both claimants were disabled persons within section 6 of the Equality Act 2010 and that the respondents had knowledge of their disabilities at the material times. Their direct age discrimination complaints and their Part-time Workers Regulations complaints failed and were dismissed.
The tribunal upheld limited complaints of unfavourable treatment arising in consequence of disability. Mr Driver succeeded in relation to his removal from the mounted section operations manager role to Operation Adonis and then to police officer support in the Force Crime Management Unit. Mr Brackpool succeeded in relation to his removal from his specialist dog section role to police officer support in the Force Crime Management Unit. The remaining disability complaints failed and were dismissed.
The tribunal found that the successful complaints were in time, or, for Mr Driver's Operation Adonis complaint in the alternative, that it was just and equitable to extend time. It found the first respondent and Mrs Lynskey jointly and severally liable for remedy, with remedy to be dealt with at a later hearing.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Age discrimination | Both claimants' direct age discrimination complaints under section 13 Equality Act 2010 failed and were dismissed. | Dismissed | Age | — |
| Part-time worker regulations | Both claimants' complaints of less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 failed and were dismissed. | Dismissed | — | — |
| Disability discrimination | The section 15 Equality Act 2010 disability complaints succeeded only in respect of Mr Driver's removal from his mounted section role to Operation Adonis, Mr Driver's removal to the Force Crime Management Unit, and Mr Brackpool's removal from his dog section role to the Force Crime Management Unit. The remaining disability complaints failed and were dismissed. | Upheld | Disability | — |
Legal tests applied
7 references- section 13 Equality Act 2010
- section 15 Equality Act 2010
- section 39(2)(d) Equality Act 2010
- section 123 Equality Act 2010
- section 6 Equality Act 2010
- Regulation 5(1)(b) Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
- Abertawe
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.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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