Case 2212731/2023 · Employment Tribunal
Ms K Richardson v Commissioner of the City of London Police OPEN PRELIMINARY HEARING — 2024
- Case reference
- 2212731/2023
- Decision date
- 8 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Nicolle Representation
- Venue
- London Central via CVP
Parties
2 namedClaimant
Ms K Richardson
Key findings
Tribunal's reasoningAt the preliminary hearing on 8 January 2024 before Employment Judge Nicolle, the tribunal dealt with three issues arising from Ms K Richardson's claims against the Commissioner of the City of London Police. It held that it did not have jurisdiction to hear the harassment claim related to sexual orientation under section 26 of the Equality Act 2010.
The tribunal also said, in the alternative, that the religious discrimination allegation concerning an alleged harassing remark by TDS Kitchener in respect of a Muslim colleague would have been struck out under Rule 37(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 because it had no reasonable prospect of success.
On the whistleblowing issue, the tribunal held that it did have jurisdiction under section 48 of the Employment Rights Act 1996 to hear the detriment claim said to arise on 7 January 2023. That claim was based on the claimant's June 2021 'Bad Apple' report concerning TDS Kitchener and her being required to repeat its contents at his disciplinary hearing.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | The tribunal held it did not have jurisdiction to hear the harassment claim related to sexual orientation under section 26 Equality Act 2010. | Other | Sexual orientation | — |
| Religion or belief discrimination | In the alternative, the tribunal said the religious discrimination allegation concerning an alleged harassing remark by TDS Kitchener about a Muslim colleague would have been struck out under Rule 37(1)(a) for having no reasonable prospect of success. | Other | Religion or belief | — |
| Whistleblowing | The tribunal held that it did have jurisdiction to hear the detriment claim under section 48 Employment Rights Act 1996, said to arise on 7 January 2023 from the claimant's June 2021 'Bad Apple' report about TDS Kitchener and her repetition of its contents at his disciplinary hearing. | Other | — | — |
Legal tests applied
3 references- section 26 Equality Act 2010
- Rule 37(1)(a) Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- section 48 Employment Rights Act 1996
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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