Police Employment Tribunals
These are the main types of claims that police officers can make to an employment tribunal.
Most of the claims have strict time limits usually of 3 months less a day to lodge the claim with the employment tribunal.
Waiting for the outcome of a grievance is not a sufficient reason for delaying the submission of a claim.
There are strict time limits for submitting questionnaires.
If you are unable to obtain representation from your staff association or are unhappy with the quality of service; we may be able to help depending on the circumstances of your case.
Although public funding is not generally available for employment tribunal cases; if your case is particularly complex there may be assistance available to deal with parts of your case.
Depending on the merits of your case, you may also be able to obtain legal representation on a contingency fee basis from solicitors providing such a service. We would also suggest checking any home insurance policies etc which may cover legal assistance for employment disputes.
The Disability Discrimination Act 1995 ("The DDA") has applied
to police officers since October 2004. The DDA protects you from discrimination if you have a disability.
This is defined as a physical or mental impairment which has a substantial and long term adverse effect on normal day to day activities.
Long term means having lasted or being likely to last for at least 12 months. Normal day to day activities are affected if one of the following is affected: mobility, manual dexterity, physical coordination, continence, ability to lift/carry, speech, hearing or
eyesight, memory or the ability to concentrate, and the perception of the risk of physical danger.
For the purposes of establishing whether a person has a disability, the effect of medical treatment is disregarded.
There is no definition of impairment under the DDA and a mental impairment does not need to be clinically well recognised. Some conditions are deemed to be disabilities such as cancer, HIV, multiple sclerosis.
Discrimination in employment
There are various kinds of discrimination under the DDA which
are unlawful in an employment context. These include:
Direct discrimination - This occurs where a disabled person is
treated less favourably on the ground of their disability, than a
person not having that particular disability.
Disability related discrimination - This occurs where, for a reason
which relates to the disabled person's disability, a disabled person
is treated less favourably than others to whom that reason does
not or would not apply is or would be treated, and the treatment
cannot be justified.
Failure to make reasonable adjustments - Broadly speaking, a
duty to make reasonable adjustments to remove or reduce
disadvantage to the disabled person arises where an aspect of
the force's arranges and practices set up places a disabled person
at a substantial disadvantage.
Harassment - this occurs where, for a reason which relates to a
person's disability, a person engages in unwanted conduct which
has the purpose or effect of violating the disabled person's
dignity or creating an intimidating, hostile, degrading,
humiliating or offensive environment for the disabled person.
The duty to make reasonable adjustments
The law requires your force to make reasonable adjustments to
your working practices or work environment to ensure you aren't
disadvantaged compared to other officers. However, unless the
force is on notice of the disability they will not be under a legal
obligation to consider reasonable adjustments.
It would suffice if it could be shown that the force ought to have
been aware of the disability, but it is safest to ensure that a line
manager or HR are aware of the condition.
Adjustments include adapting premises, reallocating duties,
altering hours, modifying or acquiring equipment, or transferring
you to an existing vacancy.
When deciding whether adjustments are reasonable, your force can
take their resources and the cost into account, as well as the
impact of the adjustment.
Enforcement and compensation
A DDA claim must be lodged within 3 months less one day of
the act of discrimination complained of. The DDA also contains
provisions for a questionnaire to be served to try to elicit further
information.
A questionnaire can be served at any time prior to a claim being
lodged or up to 28 days after the claim is lodged. If successful,
compensation can be awarded under general legal principles
including damages for loss of earnings and injury to feelings.
Tribunals can also recommend your force makes specific adjustments in your workplace.
Police cases
The Home Office has produced detailed guidance,
"Disability and the Police: The Complete Works". This contains
some useful examples of how the law protecting you from
disability discrimination might work in practice.
If a complainant is successful in their complaint of unlawful
discrimination, the Tribunal may grant whichever of the
following remedies it considers "just and equitable":
A declaration on the rights
of the parties
A recommendation that the Respondent takes a particular
course of action
Compensation (plus interest)
Compensation may include awards for injury to feelings,
aggravated damages, loss of congenial employment, and any
actual and/or future financial loss, for example loss of earnings
and pension losses.
There is no limit on the amount of compensation that can be
awarded, but a complainant will only be compensated for the
losses which they can show were directly caused by the unlawful
discrimination as found by the Tribunal.
The provisions of the Race Relations Act 1976 and the Race Relations (Amendment) Regulations 2003
relate to race discrimination in employment.
It is important to note that discrimination in other areas is also covered by the Act, such as discrimination in education or in the provision of services.
Additionally, since the Race Relations Amendment Act 2000 came into force, it is unlawful for a public authority to be discriminatory in carrying out any of its public functions.
To establish unlawful race discrimination at work, the officer must be able to prove that they were denied opportunities within or for employment (for example, opportunities for promotion, transfer, training or other benefits), or that they have been subjected to any other detriment. "Detriment" means being put at a disadvantage.
The legislation creates 4 types of discrimination:
Direct
Indirect
Harassment
Victimisation.
Race Relations Act 1976: Direct discrimination
To prove direct discrimination within employment, it must be
shown that a complainant:
Has been less favourably treated than a person not of that race*
has or would have been treated, and
That this treatment was on racial grounds*
That they were subject to a disadvantage caused by that treatment.
*race/racial grounds in this context includes colour, race, nationality, national or ethnic origins
Race Relations Act 1976 (Amendment) Regulations 2003
These regulations came into force on 19th July 2003 and
introduced some new definitions and forms of discrimination
within the Race Relations Act.
The regulations only cover cases based on race, ethnic or
national origins.
They do not cover cases where the discrimination is on the grounds of colour or nationality.
Victimisation
Discrimination by way of victimisation occurs when a complainant is treated less favourably than another person
has or would in similar circumstances, because the force believes or suspects the complainant has or is about to do a "protected act".
A "protected act" is one where the complainant has:
Brought proceedings against the discriminator or any other person
under the Act; or
Given evidence or information in connection with proceedings
against the discriminator or any other person under the Act; or
Otherwise done anything in relation to the discriminator or any
other person under or by reference to the Act; or
Made allegations that the discriminator or any other person has
committed an act which contravenes the Act.
Indirect discrimination
The definition of indirect discrimination is: A person also discriminates against another if he applies to that other a provision, criterion or practice which he applies or would apply equally to persons not of the same race or ethnic or national origins as that other but:
Which puts or would put persons of the same race or ethnic or
national origins as that other at a particular disadvantage when
compared with other persons
Which puts that other at a disadvantage, and
Which he cannot show to be a proportionate means of achieving a legitimate aim.
This definition could extend to practices which tend to discriminate and the wording is arguably less restrictive than the wording "condition or requirement" found in the Race Relations Act 1976. The more restrictive definition of indirect discrimination applies to cases of discrimination on grounds of colour or nationality.
An example of indirect discrimination is a criteria for recruitment to a post where English is the first language or for qualifications only obtainable in the UK.
Harassment
A complainant can only claim harassment' under the 2003 definition if their claim is on the grounds of race, ethnic or national origins. The definition does not apply if the complaint is on grounds of colour or nationality. In this case a claim of direct discrimination only can be brought.
Harassment is defined as occurring where, on the grounds of
race or ethnic or national origins, a person engages in unwanted
conduct which has the purpose or effect of:
Violating that other person's dignity or
Creating an intimidating, hostile, degrading, humiliating
or offensive environment for her/him.
Burden of Proof
It has long been recognised as difficult for those bringing discrimination claims to find evidence to support their case.
To combat this, the 2003 regulations allow that if the Claimant provides clear facts which could enable the Tribunal to conclude that discrimination has occurred, in the absence of an adequate explanation from the force, the Tribunal must draw an inference of discrimination.
Where a force has failed to comply with relevant statutory Codes of Practice, the Tribunal may draw inferences from this failure. For example, a force may have failed to follow the Codes of Practice in relation to the way in which they have investigated the officer's grievance or recruited an individual to a post.
Questionnaire
An individual can also serve a questionnaire on the force within 21 days of lodging a claim at an Employment Tribunal.
The questionnaire can be used to ask the force useful questionsabout the allegations, statistics, policies and comparators.
If the force fails to reply to the questionnaire within 8 weeks or is evasive in its replies, the Tribunal may draw an inference of unlawful race discrimination.
Time Limits
A claim of discrimination needs to be lodged at the Employment Tribunal within three months less one day of the date of the act of discrimination complained about.
This time limit applies even if you are already going through the force's internal grievance procedure.
An act of discrimination which extends over a period of time is treated as having been done' at the end of that period.
An act may extend over a period of time if it takes the form of some policy, rule or practice. It can sometimes be possible to argue that a continuing campaign of harassment, or a continuing regime of discriminatory conduct, amounts to one act extending over a period of time.
A Tribunal does have the power to consider a claim that is brought out of time, if in all the circumstances of the case it considers it is just and equitable to do so.
Remedies
If a complainant is successful in their complaint of unlawful discrimination, the Tribunal may grant whichever of the following remedies it considers "just and equitable":
A declaration on the rights of the parties
A recommendation that the Respondent takes a particular
course of action
Compensation (plus interest).
Compensation may include awards for injury to feelings,
aggravated damages, loss of congenial employment, and any
actual and/or future financial loss, for example loss of earnings
and pension losses.
There is no limit on the amount of compensation that can be awarded, but a complainant will only
be compensated for the losses which they can show were directly caused by the unlawful discrimination as found by the Tribunal.
Disclaimer - The IPSG are not practicing Barristers or Solicitors, nor are they attempting to show themselves as having the ability to practice law. All Clients are reminded that to the extent of any information supplied to Clients or within this website which may include general and legal information; specific advice should always be sought for individual cases from a qualified Solicitor.
