Mr A J Akajioyi v Commissioner of the Police of the Metropolis — 2023

The Claimant, a police constable, brought two claims alleging mistreatment from late 2018 to May 2021, including race discrimination, harassment, victimisation, whistleblowing detriment, and disability discrimination. Most factual allegations were not upheld, or were found not to have been because of race or protected acts. The tribunal rejected the whistleblowing complaints because the disclosures relied on did not satisfy the public interest requirement.

The tribunal upheld one race-related harassment complaint. It found that PS Kerr's statement that the Claimant stared at him "menacingly" was not justified by the evidence and derived from a racial stereotype of black men behaving aggressively; the comment had the effect of creating a hostile environment for the Claimant.

The tribunal upheld several victimisation complaints. It found that, after the Respondent became aware of protected acts including the Claimant's race discrimination grievance/ACAS contact, Mr Callanan's handling of restrictions, the Claimant's role, and the transfer to Bow was influenced by the protected acts and caused detriment. Other allegations of victimisation were dismissed.

For disability, the tribunal found the Claimant was disabled from early 2021 and that the Respondent had constructive knowledge from 26 February 2021. It upheld a section 15 Equality Act complaint because the Respondent failed to serve the section 163 notice or follow a reasonable process about restrictions/misconduct allegations while relying on his sickness absence, leaving him in uncertainty and without a welfare officer. Other disability complaints, including sick pay reduction and the welfare check, were dismissed or justified.