Mr C Anderson v The Commissioner of Police of the Metropolis — 2022

At an open preliminary hearing, the Tribunal considered whether complaints about the claimant's removal from his Safer Schools Officer role in March 2017 should be struck out or made subject to a deposit order, and whether the unlawful deductions from wages claim should be struck out or made subject to a deposit order. The claimant did not attend but had asked for the matter to proceed in his absence, and the Tribunal considered his written statement.

The Tribunal found that the March 2017 removal complaints were not part of conduct extending over a period with the later discrimination allegations about reduction in pay and ill-health retirement. The claimant had contacted ACAS and raised a grievance in 2017, but did not present his claim until 17 June 2021. The Tribunal considered the length of delay, the claimant's explanation, and prejudice to the respondent, including witness recollection, document retention, and witnesses no longer working for the respondent. It decided it was not just and equitable to extend time and dismissed the discrimination claims relating to the 2017 removal from post.

The Tribunal struck out the unlawful deductions from wages claim because the claimant was a police officer. Applying Commissioner of Police of the Metropolis v Lowry-Nesbitt, it held that police officers in the Metropolitan Police force are not workers for the purposes of the right not to suffer unauthorised deductions from wages under section 13 Employment Rights Act 1996. The remaining direct race, sex and/or disability discrimination claims were not dismissed and continued.