Mr. J McDonald v The Commissioner of Police of the Metropolis — 2019

The claimant, a police officer in the Technical Support Unit, brought disability discrimination claims arising from his hip injury, later stress and anxiety, absence management, sick pay and the Unsatisfactory Performance Procedure. The respondent accepted disability from hip/right thigh injury and knowledge of stress and anxiety disability from 4 September 2019. The tribunal held that all matters on or before 22 February 2020 were out of time and that it was not just and equitable to extend time.

On the May 2019 meeting, the tribunal found that the claimant was not threatened with disciplinary action or presented with an ultimatum, although the UPP process was mentioned. On the 27 June 2019 telephone call, the tribunal accepted that DS Hadleigh raised her voice and made the disputed comment about the claimant working from home; it found this would have amounted to unfavourable treatment arising from disability and harassment related to the hip disability, but those claims were out of time.

The tribunal found that the request for return of work materials was less favourable treatment but not because of disability and not something arising in consequence of disability; it accepted the explanation that the request was made for operational reasons. For the UPP allegations, the tribunal accepted the respondent's legitimate aims and found that starting and continuing the process was proportionate given the length of absence, lack of prognosis, and attempts made to engage with the claimant.

The reasonable adjustments claims failed. The tribunal held that it was not reasonable to disregard further disability-related absence or delay the UPP longer, that changing line management before 30 April 2020 was not a reasonable adjustment on the facts, and that continuing full sick pay beyond contractual entitlement was not one of the rare cases where such an adjustment would be reasonable. All claims were dismissed.