A recent Glasgow employment tribunal has highlighted the serious consequences of failing to manage disability-related adjustments fairly and sensitively. A Police Constable (PC) has been awarded more than £43,000 after being victimised by her employer, Police Scotland, due to difficulties working in cold weather linked to a medical condition.
What Happened?
PC Gemmell, who suffers from neuralgia, a condition worsened by cold weather had been moved from frontline duties to a support role in 2016. While her adjustments were recognised, she later experienced tensions with managers about workload, office moves, and her need for occupational health referrals.
In December 2022, after taking a short period of sick leave, she was called to what she thought was a routine return-to-work interview. Instead, the meeting, which lasted over two hours, became confrontational. The tribunal found it amounted to an “ambush,” with no prior warning and no opportunity for her to be accompanied by her representative.
The tribunal concluded that this meeting, and the treatment she received following her protected act of contacting the Police Federation, constituted victimisation.
Tribunal Findings
While the tribunal dismissed claims of direct disability discrimination, stating there was no evidence she was treated differently solely because of her condition, it upheld her claims of victimisation.
The judge noted the meeting was handled in a way that left the claimant “attacked without any prior warning” and compared it to a disciplinary hearing rather than a supportive conversation.
As a result, the tribunal awarded:
- £28,100 in lost wages
- £10,000 for injury to feelings
- Plus interest, bringing the total to £43,100
The judge further criticised the “vindictive” comments made by her manager, reinforcing the importance of professionalism and sensitivity in employee relations.
For more information on Disability discrimination visit here.
What Employers Can Learn
This case offers several valuable lessons for employers across all sectors:
Reasonable Adjustments Are Non-Negotiable: Employers have a legal duty to consider and implement reasonable adjustments for employees with disabilities. Dismissing or delaying requests (such as occupational health referrals) can amount to a breach of duty.
Handle Return-to-Work Meetings Carefully: These meetings should be short, supportive, and transparent. Any shift into disciplinary territory must be managed through a formal process with appropriate notice and representation.
Avoid Victimisation: Employees are protected from detrimental treatment if they raise concerns or complaints about discrimination. Retaliating, even unintentionally, can lead to costly claims.
Culture and Management Style Matter: The tone and manner of communication can be as important as the decisions themselves. Comments perceived as hostile or dismissive may escalate tensions and legal risks.
How we can help…
At BeyondHR, we support employers to navigate complex HR and employee relations challenges with confidence. Our team can help you:
- Conduct fair and supportive return-to-work interviews.
- Review and implement reasonable adjustments.
- Deliver management training on handling sensitive conversations.
- Reduce the risk of discrimination and victimisation claims.
- Provide ongoing HR advice to build a positive and compliant workplace culture.
Employment tribunals are costly, time-consuming, and damaging to morale. With proactive HR support, you can protect your organisation while supporting your employees fairly and lawfully.
If you’d like to speak to our team about managing disability in the workplace, return-to-work processes, or training for managers get in touch today on 0800 111 4461.