Police officer wins disability discrimination case
“This judgement paves the way for increased awareness of the difficulties faced in the workplace by those suffering from mental health problems
Police officer wins disability discrimination case
30 August 2007
Nick Dolan, a 50 year old Detective Inspector from Yeovil, had worked in the Force for 30 years. In March 2004, Mr Dolan began to suffer from stress and was absent from work from September 2004 to January 2005. He returned to work in January 2005 on recuperative duties and was moved to a different inspector role.
Mr Dolan absence caused an Unsatisfactory Performance Procedure to be started against him. Although he indicated in a self-review that he considered his stress-related absence to be a disability, this was not taken into account.
In March 2006, Mr Dolan was offered the option of a return to work in a new supernumerary CID role for a six month period. He was told that if he gave an early return to work date to take up this new position, his pay would not be reduced. (Police officers are entitled to six months full sick pay and six months half pay. By this point Mr Dolan was facing half pay).
Mr Dolan agreed to return to work in September 2006. He then received a letter from the Chief Constable of Avon & Somerset Constabulary stating that if he did not confirm his return in writing, his pay would be reduced to half from 28th August 2006. He in fact did not return but resigned on 11th September, which took effect from 9th October 2006.
The outcome
The tribunal concluded that Nick Dolan had been discriminated against by the Chief Constable of Avon & Somerset Constabulary. Mr Dolan was subjected to performance procedures and should have been given the opportunity to recover from his disabling illness. The implementation of these performance procedures was therefore both disability related discrimination and a failure to make reasonable adjustments.
The tribunal further found that the threat of reducing Mr Dolan’s pay was disability related discrimination. Overall, the Employment Tribunal concluded that the combined effect of the failure to defer the formal procedures, subjecting him to comments about his performance, and compounding matters by mishandling the issue of his pay, was conduct likely to destroy or seriously damage the relationship of trust and confidence.
Mr Dolan’s lawyer, Rachel Harfield, at award-winning Russell Jones & Walker solicitors, comments:
“This is a particularly important win for Mr Dolan and has significant implications for those who suffer from psychological conditions in the UK. The disability issue should have been considered by Mr Dolan’s line managers and by the Force Medical Advisor.
“This judgment paves the way for increased awareness of the difficulties faced in the workplace by those suffering from mental health problems and the importance of making reasonable adjustments to assist them at work. In particular, employers should carefully consider the effect that performance and attendance procedures may have on individuals suffering from a disability, and whether exercising a little leniency may assist that individual in their recovery.”
Nick Dolan comments:
“I’m relieved that this ordeal is finally over and I can only hope that my experience will go some way to make employers more understanding to people suffering from depression at work.
“I fully understand that there can be difficulties for management when individuals with ill health are on sick leave, but the failings in my case really centred to the lack of sensitivity in dealing with. My wish is to prevent this from happening to someone else.”
George Appleby, General Secretary, Inspectors Central Committee commented:
" I am delighted that once again our legal team have yet again achieved a just and sensible result for our members. Workloads have been increasing as resources are squeezed, and depression and stress have taken their toll on our members. This landmark case makes it clear that the law will protect all the officers and employees out there whose health suffers in these situations. We will continue to act on legal advice wherever our members suffer as a result of forces failing to resource properly."
On 25 September 2007, the Employment Tribunal will reconvene and set a date for the remedies hearing, when Mr Dolan’s compensation will be determined.
Category: General
Posted: Sep 24, 2007
