Former police officer Katrina Hibbert has succeeded in her claim against the Chief Constable of Thames Valley Police (TVP) for disability discrimination and constructive discriminatory dismissal with the Employment Tribunal awarding £1,168,561 in compensation.
Sergeant Hibbert was off sick when TVP withdrew her business interest approval. She had been advised by Occupational Health to have an outside interest because of the stressful nature of her role working with young victims of sexual and drug exploitation. The withdrawal had adversely affected her mental health, and this was further damaged when TVP started disciplinary proceedings against her for allegedly carrying on with her business. Sergeant Hibbert felt unable to carry on working for TVP and resigned. The misconduct action later collapsed after it was found not proven because of TVP’s failure to follow Police Regulations 2003 in respect of the business interest appeal procedure.
She made claims of discrimination before the Employment Tribunal. The tribunal concluded that the removal of Sergeant Hibbert’s business interest was discrimination arising from her disability related absence and a failure to make reasonable adjustments. This breached the implied term of trust and confidence between Sergeant Hibbert and her employer, and her resignation, therefore, amounted to unlawful constructive discriminatory dismissal under the Equality Act 2010.
This action is one of the few circumstances where a police officer has been successful in claiming constructive dismissal.
Reacting to the tribunal’s judgment, Ms Hibbert said, “I am relieved that these proceedings are over. It has taken over five years and without the support of the Police Federation, and my family, I would not have had the strength to go through with this case. Thames Valley Police’s treatment of me left me completely mentally shattered and I had no alternative but to leave. If TVP had listened to me, and had treated me as the law requires, I would still be working for them in the career I loved.”
The tribunal has awarded Ms Hibbert over £34,000 to compensate for her injury to health caused by the discrimination. The award reflects her past and future loss of earnings and pension until her retirement.
It must be noted here that TVP also lost an officer with 20 years’ unblemished service who would still have been serving the communities of Thames Valley if she hadn’t been treated unlawfully and unfairly. Other points to consider:
(1) This case is unusual because police officers are not employees so cannot take action under the Employment Rights Act 1996 for constructive dismissal. In this case, the claim was pursued under Section 39 of the Equality Act 2010.
(2) Ms Hibbert had been an Acting Inspector, and the award reflects the tribunal’s view that “absent the discriminatory treatment, she would have been promoted to Inspector in 2025 and worked full time until her retirement aged 60”.
(3) Thames Valley Police have reportedly changed their policy on business interests so that it now reflects the procedure set out in the police regulations.
(4) The member’s award of £1,168,561 in compensation was after grossing up for tax.
You can read the Employment Tribunal’s full judgment here: Mrs K Hibbert v The Chief Constable of Thames Valley Police: 3310944/2020 - GOV.UK (www.gov.uk)
