Mr T Collett v The Chief Constable Of Hertfordshire Constabulary — 2019

Mr Collett was a police constable and operational firearms officer who was diagnosed with type 1 diabetes in December 2015. The tribunal found that he was a disabled person at all material times. After diagnosis he was removed from firearms and Class 2/response driving duties, and the respondent’s force medical advisor, Dr Andrea Junker, applied the Faculty of Occupational Medicine’s "Blue Light" Guidance to both response driving and firearms work because she regarded firearms duties as at least as safety-critical.

On the reasonable-adjustments complaint under ss20 and 21 Equality Act 2010, the tribunal held that the respondent’s medical standards and the "Blue Light" parameters were PCPs and that they placed Mr Collett at a substantial disadvantage compared with non-disabled officers, because he could not always keep his readings within the required range. It nevertheless found no breach. The tribunal concluded that it was not reasonable to set aside the guidance or raise the upper limit to 15 mmol/l, and later accepted that the 2019 protocol, including CGM monitoring and an offered trial period, was a reasonable way to manage the safety-critical roles.

On the s15 claim, the tribunal accepted that removing Mr Collett from operational, firearms and driving duties was unfavourable treatment and that the treatment arose from matters consequent on his disability, including his blood glucose control, insulin use, diet and monitoring. It nevertheless held that the respondent had shown a legitimate aim of safety for the claimant, colleagues and the public, and that the means adopted were proportionate in light of the medical advice and the safety-critical nature of the roles.

The harassment claim under s26 failed. The tribunal rejected most of the alleged unwanted conduct as not made out or as not attributable to Dr Junker in the way pleaded, and held that any conduct it could potentially identify did not violate dignity or create an intimidating, hostile, degrading, humiliating or offensive environment. All claims were dismissed.