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Knowledge

UK Tribunal awards £1.1m to police officer constructively dismissed by employer

10 October 2024

The treatments available for mental health disorders are as varied and unique as the symptoms they seek to manage: various forms of psychotherapy, prescription medications, health supplements, alternative therapies and focused lifestyle changes to name but a few.  Some approaches in managing mental health conditions may also, at least from the outside, appear counterintuitive. For example, one may expect that the pressures associated with setting up a business in addition to full-time employment may exacerbate any pre-existing mental health conditions. This, however, is not necessarily the case.

In the recent UK Employment Tribunal ("ET") decision of Mrs K Hibbert v The Chief Constable of Thames Valley Police 33109044/2020 (published on 23 September 2024), the Claimant ("KH") had experienced mental health difficulties – including anxiety and depression – for several years. During this time KH received treatment from the relevant occupational health unit and she continued to perform her services to the highest degree. However, following a transfer to a safeguarding role, and due to the unique and intense nature of her duties (working with young people with substance abuse issues and who had suffered other forms of exploitation), KH's mental health started to deteriorate. KH began to experience panic attacks and developed PTSD. An occupational health nurse advised KH that developing her personal interests and expanding her hobbies could benefit her mental health and wellbeing. KH was determined to make the necessary changes, and, with the support of her line manager, she applied for and was granted authorisation to set up a small events business. Once up and running, the events business had a therapeutic and positive impact on KH's mental health.

Unfortunately, things took a turn for the worst during 2019 when, amongst other things, KH's mental health deteriorated due to work stressors and she was signed-off sick as a result. The permission to run the events business was reviewed and ultimately withdrawn when it came to her superior's attention that she continued to run the events business while signed-off sick and, ultimately, KH was charged with gross misconduct in October 2019 for continuing with the events business after approval had been withdrawn. KH resigned from her position and referred a complaint to the ET. 

After carefully reviewing the facts, the ET held that KH had been discriminated against on the basis that she had been treated unfavourably (i.e. the withdrawal of the permission) because of something arising in consequence of her disability (i.e. KH's long-term sickness absence). The ET noted that the decision to withdraw the permission was made haphazardly, without considering how such a decision could impact KH's mental health and without affording KH an opportunity to make representations. There was also a failure to properly consider reasonable adjustments. KH was awarded a total of £1,168,561, including £633,881 in compensation for financial losses, £9,541 for personal injury, £24,932 for injury to feelings and £500,207 grossing up for taxation. Not an insignificant penalty.  

Although this is a UK ET decision, which does not automatically apply in Guernsey and Jersey, it is likely that local tribunals will take note of the ET's reasoning if called upon to assess a local employer's conduct in managing long-term sickness absence, especially if the absence relates to an employee's mental health condition which, depending on the circumstances, could constitute a 'disability' under local anti-discrimination legislation. 

This case is also a stark reminder to all employers that long-term sickness absence should be tailored to the circumstances of the specific employee and must be managed contemporaneously. If approached correctly, managing long-term sickness absence could result in a net-benefit for both the employee and the employer. Employers are encouraged to seek legal advice where complex long-term sickness absence/disability management matters arise.

If you would like any further information, please get in touch with your usual Bedell Cristin contact or one of the contacts listed.

Location: Guernsey

Related Service: Employment Law

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