Mr Stephen Potter v The Chief Constable Of Merseyside Police — 2019

Mr Stephen Potter brought a constructive unfair dismissal claim and disability discrimination complaints against the Chief Constable of Merseyside Police. The tribunal recorded that the constructive unfair dismissal claim was dismissed on withdrawal and made no merits finding on it.

The disability claims concerned alleged failures to make reasonable adjustments, namely work from home or at Huyton Police Station, and a challenge to the reduction of sick pay from full pay to half pay. The tribunal held that both sets of complaints were presented outside the three-month limitation period and that it was not just and equitable to extend time. It found the relevant decision to reduce pay was taken on 10 May 2017, and the alleged failure to put the location adjustments in place was also time-barred.

On the evidence, the tribunal preferred the respondent's contemporaneous notes, GP fit notes and occupational health material over the claimant's later account. It found that during the relevant period the claimant was not fit for work in any capacity, that the fit notes did not support an immediate return with adjustments, and that Dr Roy's February 2017 assessment was incomplete and better understood as addressing a possible future redeployment when the claimant was well enough to return.

The tribunal accepted that the respondent operated the relevant PCPs, including the requirement to work at St Helens Police Station and the six months full pay/then half pay sickness policy. However, it found the proposed adjustments would not have been effective because the claimant could not work at all at that stage, whether from home or from Huyton Police Station. On that basis, it rejected the reasonable adjustments complaint and also rejected the section 15 claim on the merits in the alternative.

The tribunal further held that, although the reduction in pay was unfavourable treatment arising from disability-related absence, the Chief Constable showed that applying the sick pay rules was a proportionate means of achieving legitimate aims, including managing sickness absence and complying with the Police Regulations. Later medical evidence from Dr Eastwood and Dr Nasir supported ill-health retirement, and the claimant's ill-health retirement took effect on 30 November 2017. No tribunal monetary award was made.