Ms L Barbosa Dethling v Commissioner of the Police of the Metropolis — 2024

The tribunal considered the respondent's application at a preliminary hearing and dismissed four complaints because it held that the employment tribunal did not have jurisdiction to consider them. The unfair dismissal complaint was treated as not withdrawn, but the tribunal held that s.200 ERA precluded the claim by a police officer because the exceptions for health and safety or protected disclosure dismissal were not part of the claim.

The tribunal held that a freestanding Protection from Harassment Act 1997 claim could not be pursued in the employment tribunal, and that a breach of duty of care leading to personal injury was a matter for the county court or High Court. It also held that alleged breaches of the Police Performance or Conduct Regulations were not freestanding causes of action within the tribunal's jurisdiction.

The judgment expressly preserved the claimant's ability to rely on alleged breaches of the Performance or Conduct Regulations where relevant to Equality Act complaints, including alleged detriment connected with those regulations, and noted that personal injury could potentially be compensated if the claimant succeeded on other complaints.