Mr R Cardinale v The Commissioner of Police for the Metropolis — 2023

The claimant, a PCSO employed by the respondent since 2006, was dismissed on 3 December 2020 following disciplinary allegations arising from an alleged breach of a non-molestation order. He was reinstated on appeal on 30 June 2021. By the final hearing, the unfair dismissal claim, direct disability discrimination claim, and victimisation claim were withdrawn and dismissed upon withdrawal.

The respondent conceded that, at the date of dismissal, the claimant was disabled by reason of PTSD and that it had knowledge of that disability. The remaining discrimination arising from disability claim concerned whether the dismissal was because of something arising in consequence of PTSD, namely a propensity to become overtly anxious, disturbed, perplexed, confused or subdued. The tribunal found there was no evidence beyond the claimant's assertions linking those matters to PTSD or showing that the dismissing panel took them into account. It accepted evidence that PTSD was not considered by the dismissing panel because no such connection had been put to it.

The tribunal held that the burden of proof did not shift on the section 15 claim and found that the original disciplinary panel did not dismiss the claimant because of something arising from PTSD or any other mental health condition. The harassment claim also failed: although dismissal was unwanted conduct, the tribunal found it was not related to PTSD on the same factual findings. As all claims were either withdrawn or dismissed, the tribunal did not consider remedy.