Disabled Police Officer with PTSD Wins Tribunal Claim After Managers Fail to Provide Reasonable Adjustments

In L Darby v The Chief Constable of Lancashire Constabulary (1) and Richard Robertshaw, an Employment Tribunal in favour of a disabled police officer. In this case, the police force had unlawfully failed to make reasonable adjustments for the police officer who suffered from PTSD, depression, and anxiety. It was also found that the claimant was treated unfavourably because of something arising from her disabilities and suffered victimisation.

In this article, we discuss the facts and judgment in the case involving L Darby and the Lancashire Police Force. In addition, we consider the law on reasonable adjustments in the UK and answer some frequently asked questions with regard to its application.

The Facts in L Darby v The Chief Constable of Lancashire Constabulary

Disabled Police Officer Withdrawn from Frontline Duties

Ms L Darby (the claimant) was employed by Lancashire Police Force (the respondent) from March 2003 as a police officer. The respondent was aware that the claimant had several disabilities, including post-traumatic stress disorder (PTSD), depression, and anxiety. The claimant was formally diagnosed with these conditions in August 2019.

The claimant took a career break between September 2010 and June 2017. On her return, she was placed on Adjusted Duties. She was then signed off work on sick leave between August 2017 and November 2018 following an incident of domestic violence. In October 2018, the respondent referred the claimant to occupational health.

The occupational health advisor produced a report advising that the claimant should be allowed to attend counselling sessions during work hours, work at her own pace, and be permitted to settle in. Before this report was provided, the claimant returned to work on 13 November. At this stage, she worked 12 hours per week in the respondent’s HR department at its headquarters near Preston.

After having moved a few roles, an occupational health report made clear that the claimant was still unfit for frontline duties and that adjusted duties should continue for a further twelve months. The report confirmed that the claimant had “by no means recovered” and that she was displaying symptoms of PTSD.

Managers Did Not Understand the Disabled Police Officer’s Conditions

Emails sent between different managers of the claimants demonstrated their difficulty in understanding her needs, the lack of HR support, and the increasing impatience with her condition. In November 2020, the claimant was given a letter regarding unsatisfactory performance and attendance procedure. This was followed by a Written Improvement Notice in December 2020.

The claimant submitted a grievance regarding how the unsatisfactory performance and attendance procedure was handled, referencing disability discrimination. Throughout 2021, the claimant’s grievance progressed.

Her Written Improvement Notice was repealed, but she appealed the decision that there had been no disability discrimination or failure to make reasonable adjustments. The grievance appeal was handled by Chief Superintendent Richard Robertshaw and ultimately dismissed.

In December 2021, an occupational health report was produced stating that the claimant was not fit to continue working in a policing environment. She applied for ill-health early retirement, which was subsequently granted in August 2022. In the meantime, the claimant brought three claims against the respondent and her former manager.

The Employment Tribunal’s Judgment: Disabled Police Officer Treated Unfairly

The case of the disabled police officer was heard in the Manchester Employment Tribunal by Employment Judge Batten. There were multiple questions of fact that the tribunal had to decide in the process.

The tribunal confirmed that the respondent’s refusal to allow her to work closer to home and to provide her with a laptop for flexible working constituted failures to make reasonable adjustments. The Lancashire Police Force had relevant provisions, criteria, or practices in place, but it did put the claimant at a substantial disadvantage.

Various actions by the respondent were found by the tribunal to constitute discrimination as a consequence of a disability. These included subjecting the claimant to the unsatisfactory performance and attendance procedure and issuing the Written Improvement Notice, given the state of her mental health.

The tribunal confirmed that these actions had been taken because of the claimant’s level of sickness absence and underperformance. The sickness absence and underperformance were in consequence of her disability. As such, the respondent had breached section 15 of the Equality Act.

Disabled Police Officer Denied Reasonable Adjustments: What Constitutes as a Disability?

A “qualifying disability” under the Equality Act is a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Certain disabilities are specifically included in the Equality Act, such as sight impairments, severe disfigurements, cancer, HIV, and multiple sclerosis. Others are expressly excluded, such as hay fever.

The Equality Act obliges employers to make reasonable adjustments for workers with a disability to ensure that such workers are not significantly disadvantaged compared to other workers. When a disabled worker is put at a substantial disadvantage in comparison with workers without a disability, section 20 of the Equality Act places a duty on the employer’s duty to make reasonable adjustments.

This disadvantage can be due to:

  1. Provision, criterion, and/or practice of the employer,
  2. A physical feature of the employer’s premises, or,
  3. The lack of an auxiliary aid.

The law on reasonable adjustments applies to apprentices, trainees, and job applicants, as well as to workers. For more on how to ask for them, read our short guide on reasonable adjustments.

FAQs on Reasonable Adjustments

When Should I Inform my Employer that I Need Reasonable Adjustments?

An employer is not obliged to make reasonable adjustments until it knows, or ought reasonably to know, that such adjustments are required. As such, it will be in a worker’s best interests to inform their employer as soon as possible that they need reasonable adjustments

Can my Employer Refuse to Consider a Reasonable Adjustment if it is Too Expensive?

Employers are legally obliged under the Equality Act to consider all reasonable adjustment requests. However, they are also afforded some discretion when deciding what is “reasonable”, and cost is one factor which will be taken into account.

If a specific adjustment is considered too expensive to be reasonable, an employer may lawfully refuse it, although they must be able to justify this. The size of the employer’s business and their available resources will be relevant when determining whether a cost would be reasonable for them to fund.

How Long Does My Employer Have to Make Reasonable Adjustments?

There is no set time limit for employers to make reasonable adjustments. These should be made as quickly as is practicable; however, this will vary depending on the nature of the adjustment and the circumstances of the request. Any undue delay in implementing reasonable adjustments could be seen as discriminatory.

Can Reasonable Adjustments be Removed?

Some reasonable adjustments are intended to be temporary, such as a phased return to work. Reasonable adjustments should not be removed without good reason and should be kept in place for as long as the worker needs them. However, an employer may remove reasonable adjustments if they are no longer necessary or, in certain circumstances, if they are considered no longer reasonable or proportionate.

What Can I Do if an Employer Fails to Make Reasonable Adjustments?

An employer’s failure to make reasonable adjustments will be classified as disability discrimination under the Equality Act. This is unlawful and may give rise to a claim in the Employment Tribunal. Before reaching this stage, a worker may first wish to consider alternative methods of dispute resolution. These might include raising a formal grievance as per their employer’s grievance policy or initiating mediation.

If you believe your rights have been breached with respect to reasonable adjustments, like the disabled police officer, or you have suffered harassment at work as a result, Redmans Solicitors can help. Our team of employment law experts has proficiency in the areas of disability discrimination and workplace harassment.

We will listen to your experiences and advise whether you have an eligible claim. To arrange an initial consultation, you can either: