A police sergeant has been awarded £1.1 million by the employment tribunal for constructive dismissal and disability discrimination after she was banned from running a ‘side hustle’.
Katrina Hibbert, a safeguarding sergeant in Thames Valley Police, worked with young people who were subject to child sexual exploitation and child drug exploitation.
Hibbert had previously been signed off sick with depression before she took up a role as a safeguarding sergeant in early 2017.
She was formally commended for the high standards she achieved in the role, but the work involved was “emotionally intense” and overwhelming, the tribunal heard.
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She later began experiencing symptoms of post-traumatic stress disorder related to an experience in her past as a victim of historic offences. An investigation into these offences had been opened but later closed.
The officer was advised by an occupational health nurse that having other interests and hobbies could help her balance the mental challenges of her work.
Hibbert set up a party tent business, which she said provided her with a “positive outlet” from work and helped her mental health.
She had applied for permission to do this according to the force’s written policy on business interests, but this permission was removed when she was signed off for a further period of sick leave from stress in 2019.
Although she was on sick leave, she continued to operate the party tent business because it did not trigger negative mental health issues.
In April 2019, she discovered that a vulnerable young person she had been working with had died, and after taking annual leave she was signed off for sick leave in May due to the distress this caused.
During this time her line manager contacted her to establish lines of communication with a view to returning to work. She responded, but was again signed off by her GP until late July, during which time permission to run her side business was reviewed and withdrawn by the force’s security adviser.
In one email, her manager told the adviser: “My opinion about this is made on an ethical level rather than medical opinion. I feel it is unsuitable to be running an active business while unable to fulfil your obligations to your employer.” Neither spoke with Hibbert before taking away the permission to run her business.
Hibbert appealed the decision to withdraw, insisting that her business was her “happy and creative distraction that has now been taken away”.
“I’m not sure this will promote a faster return to work but rather a spiral into deeper depression,” she added.
The security adviser opened a case with the force’s Counter Corruption Unit, which considered the continuation of the party tent business to be a potential breach of the statutory Standards of Professional Behaviour. The force began a formal investigation.
Hibbert began a phased return to work in October, and shortly after was informed that she was under investigation for gross misconduct. This led her to experience a panic attack, the tribunal heard, and she threw her belongings into her bag and went home.
A further period of sick leave followed and she returned to work a month later. In December 2019, the professional standards department informed her that the misconduct case would proceed to a hearing.
In January 2020, Hibbert handed in her notice of resignation. She said the investigation had had “a deeply detrimental effect” on her mental health.
“My experience over the last year leaves me feeling that my voice will not be heard, and frankly I am not mentally strong enough to battle through a gross misconduct hearing. Thus for my own self-preservation, I have decided to leave a job that I enjoyed and felt extremely passionate about,” she said.
In judgment, employment judge Emma Jane Hawksworth said the removal of the permission for Hibbert to run her business was not a proportionate means of achieving legitimate aims.
She said: “The speed in which the appeal decision was taken (within one working day) suggests that the appeal was not given careful consideration.
“As the reason for the decision was long-term sickness absence, that would have flagged up the potential for disability discrimination. It would have been proportionate to have taken more time to make sure that the decision was not discriminatory.”
She added that the police policy provided for reviews of the permission in cases of sick leave, not automatic withdrawal. The force could have considered alternatives to simply withdrawing this, the tribunal found.
Hibbert succeeded in her claims for disability discrimination, failure to make reasonable adjustments, and constructive discriminatory dismissal.
She was awarded a total of £1,176,368, including £633,881 in compensation for financial losses, £9,541 for personal injury, and £24,932 for injury to feelings.
Following the judgment, 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.”
Deputy Chief Constable Ben Snuggs said Thames Valley Police was a fair employer and the force had since worked hard to ensure that all lessons had been “fully captured”.
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