Mrs Jennifer Hamilton v Chief Constable of Bedfordshire Police — 2020

Mrs Hamilton started work with Bedfordshire Police in September 2010 and moved into an Alarms Administrator role in October 2011. The tribunal found that the 2016 collaboration proposals led to a redundancy consultation, but her counter-proposal succeeded and the role was redesignated. The evidence then concerned repeated periods of stress-related absence, occupational health input, counselling, changes to her role and workplace, and the handling of her Fairness at Work complaint.

On constructive dismissal, the tribunal rejected the claim. It held that the Fairness at Work investigation and appeal were detailed and objective, and were aimed at keeping Mrs Hamilton in work rather than undermining trust and confidence. The tribunal accepted some criticisms, including that the first Stress Risk Assessment should have been done earlier and that notification of sick pay reduction came late, but found those points were not enough, either individually or together, to amount to a repudiatory breach or last straw.

On discrimination arising from disability, the tribunal accepted that the respondent knew of Mrs Hamilton's disability from 9 September 2016. It found that applying the absence-management policy was unfavourable treatment arising from sickness absence, but that the respondent had legitimate aims of controlling costs, securing operational efficiency and ensuring effective supervision, and that the policy was proportionate. On reasonable adjustments, the tribunal found that the respondent had already put adjustments in place for workload backlogs and return-to-work support, and that continuing full sick pay was not a reasonable adjustment on the facts. The harassment claim, including the challenge to the Fairness at Work process, was also dismissed. No remedy was awarded because all claims failed.