Mr A Jones v The Chief Constable of Lancashire Constabulary — 2024

Mr A Jones, appearing in person, applied to amend his case to add a direct race discrimination claim under section 13 Equality Act 2010. He said he was Caucasian and had been treated less favourably as a probationer than Asian comparators when he was placed on a management plan from October 2022 until dismissal. Employment Judge K M Ross held that the amendment application was not well-founded and failed.

The Tribunal also dealt with whistleblowing detriment allegations said to have occurred in January and March 2023. It held those claims were presented outside the time limit and found it was reasonably practicable for them to have been presented in time. The Tribunal therefore said it had no jurisdiction to hear them.

A further whistleblowing detriment allegation concerned the claimant's arrest on 2 May 2023 and a criminal investigation that concluded on 5 January 2024. The Tribunal held those steps were taken by Lancashire Constabulary in its role as a police force to detect crime and preserve the peace, rather than as the claimant's employer, so the claim could not be brought under sections 47B and 43B Employment Rights Act 1996.

The claimant's unfairly (constructively) dismissed claim under section 103A and section 43KA Employment Rights Act 1996 was also held to be out of time, with the Tribunal finding it was reasonably practicable for the claim to have been presented within time. All claims were dismissed for lack of jurisdiction and no monetary remedy was awarded.