Claimant v The Commissioner of Police of the Metropolis — 2020

The claimant, a police officer with PTSD accepted by the respondent as a disability, was dismissed for gross misconduct following an off-duty incident at a nightclub in which she took property belonging to two other people, placed items in sanitary bins, identified herself as a police officer, and was rude and unco-operative when challenged. She admitted misconduct but denied gross misconduct, relying on mitigation including PTSD, depression, medication, alcohol consumption, long working hours and personal history.

On the discrimination arising from disability claim, the Tribunal accepted that the dismissal was unfavourable treatment and that the misconduct was something arising in consequence of the claimant's disability. It found a causal link between PTSD, increased drinking, the claimant's inebriated condition and the misconduct. However, it held that dismissal pursued the legitimate aim of maintaining discipline and adherence to professional standards, and was proportionate given the unexplained nature of the conduct, inconsistent or implausible accounts, and the need to protect public confidence in the police.

The reasonable adjustments claim failed because the only pursued adjustment was substituting a final written warning for dismissal, which the Tribunal held would not have been reasonable. The harassment claim also failed because, although dismissal was distressing and loosely related to disability, the Tribunal found it did not meet the statutory threshold for harassment. All claims were dismissed on their merits.