Mrs. K. Newbould v The Commissioner of Police for the Metropolis — 2019

The claimant, a former police constable, brought harassment claims related to religion and sex and a constructive dismissal claim said to arise from discriminatory conduct. She had withdrawn direct discrimination claims based on sex, religion and disability. The tribunal noted that, as a serving police officer, she could rely on the Equality Act 2010 but not the unfair dismissal provisions of the Employment Rights Act 1996.

The tribunal dismissed the 2016 harassment allegations. It accepted that the claimant perceived the questions about church attendance as hostile, but found that it was not unreasonable for managers to clarify how the flexible working request related to family life and religious observance, and that the conduct did not reasonably have the effect of harassment. It also found that the 6 October 2016 discussion about menopause was not experienced as belittling at the time and that it was not reasonable for it to have the effect of harassment.

The tribunal also dismissed the 2018 harassment allegations concerning DS Thomas. It found that discussions about HRT arose in the context of an existing, generally sympathetic relationship in which both had discussed menopause symptoms, and that advice to seek medical options was not reasonably to be experienced as an order. It found the occupational health referral gave relevant context from the manager's perspective and was not an attempt to direct medical advice.

Because no harassment was found, the tribunal dismissed the constructive dismissal claim. It also said that, had the 2016 allegations succeeded, it was unlikely to have found a continuing course of conduct linking the 2016 and 2018 episodes, and it would not have been just and equitable to extend time for the second 2016 episode.