Megan Gray v The Chief Constable of Cumbria Constabulary — 2025

Megan Gray, a Cumbria Constabulary police constable with complex PTSD, brought disability discrimination, harassment, and constructive discriminatory dismissal complaints arising from a 2020 road traffic collision and the management of her duties afterwards. The tribunal accepted that she had been appropriately supported for much of the period by measures including double-crewing and, later, the METCO role, but found that the respondent's policy on limited duties was not always followed. It held that the respondent knew of her disability from June 2021.

The indirect discrimination claim failed. Although the relevant PCPs were admitted, the tribunal was not satisfied on the evidence that officers with complex PTSD were shown to be at a particular disadvantage, so it did not need to decide whether the PCPs were a proportionate means of achieving a legitimate aim. The tribunal also rejected most of the reasonable-adjustments case. It found that placing the claimant away from response, in a permanent role, or in a role of her preferred type was not shown to be a reasonable adjustment on the evidence, but that the METCO role itself was a reasonable adjustment while it remained temporary.

The tribunal identified two failures to make reasonable adjustments. First, the claimant was sent to Kendal on 26 May 2021 and was asked to escort a body to the mortuary, which meant the adjustment of keeping her on response but away from deaths and road traffic collisions was not properly implemented between 26 May and 28 June 2021. However, that element was outside the limitation period and the tribunal refused a just and equitable extension under Adedeji v University Hospitals Birmingham NHS Foundation Trust. Second, when permanent funding for METCO was agreed on or about 11 August 2023, the claimant was still in employment during her notice period and was not offered the role; that failure was found well-founded and succeeded for the period 11 August to 11 September 2023.

The harassment claim was dismissed. The tribunal found that Inspector Hadwin probably made the May 2021 remark about the claimant's mental health being "not her sergeant's problem", but that it was badly worded rather than harassing conduct. It also found the 2023 communications about ending the METCO role were poorly handled, and that the 6 June 2023 case conference continued while the claimant was visibly distressed, but the statutory elements of harassment related to disability were not made out. The constructive discriminatory dismissal claim also failed because the resignation on 10 August 2023 could not have been in consequence of the earlier alleged discrimination. Liability only was determined; remedy was left to be agreed or listed for a further hearing.