The employment tribunal awarded a police sergeant PS1.1 million for constructive dismissal, disability discrimination and wrongful termination after she was prohibited from running a “side hustle”.
Katrina Hibbert is a Thames Valley Police safeguarding sergeant who worked with children that were victims of child sexual exploitation or child drug exploitation.
Hibbert was previously signed off with depression, before taking up her role as a Safeguarding Sergeant in 2017.
The tribunal formally commended her for the high standards that she met in this role. However, it also noted that the work was “emotionally intensive” and overwhelming.
Later, she began to experience symptoms of posttraumatic stress disorder in relation to an incident from her past where she was a victim of historical offences. The investigation was opened, but closed later.
An occupational health nurse told the officer that she could balance her mental challenges by having hobbies and other interests.
Hibbert started a business selling party tents, which she says has helped her “find a positive outlet” away from her job and improved her mental health.
She applied for permission based on the written policy of the police force regarding business interests. However, this permission was removed after she was approved for another period of stress-related sick leave in 2019.
She continued to run the party tent business even though she was on sick-leave, because it didn’t trigger any negative mental health issues.
She was informed in April 2019 that the young person with whom she worked had died. After taking an annual leave, she was granted sick leave for May because of the stress this had caused.
Her line manager then contacted her in order to establish communication lines with the aim of returning to work. She replied, but her GP signed off again until late July. During this time, permission to run her business was reviewed by the security advisor of the police force and withdrawn.
In an email, the manager informed her adviser that “My opinion is based on ethical considerations rather than medical opinions.” It is not appropriate to be running a business when you are unable to fulfill your obligations to your employers.
Hibbert appealed against the decision, claiming that her business had been her “happy and productive distraction which has now been removed”.
She added, “I don’t think this will encourage a quicker return to work. Instead, it could lead to a spiral of deeper depression.”
The security advisor opened a case at the Force’s Counter Corruption Unit. They considered that the continued operation of the party tent was a possible breach of the Standards of Professional Behaviour. The force launched a formal inquiry.
Hibbert returned to work gradually in October and was told shortly thereafter that she was being investigated for gross misconduct. The tribunal heard that this led to a panic-attack, which she experienced. She threw all her belongings in her bag and left.
She returned to work one month after a second period of sick leave. The professional standards department informed her in December 2019 that the misconduct case was going to be heard.
Hibbert resigned in January 2020. She stated that the investigation had “a profoundly detrimental effect” on mental health.
“My experience in the past year has left me feeling like my voice won’t be heard and I am not mentally strong to fight through a gross misbehavior hearing.” For my own self preservation, I’ve decided to leave the job I loved and was passionate about.
Emma Jane Hawksworth, employment judge in ‘s judgment said that removing Hibbert’s permission to run her company was not proportionate for achieving legitimate goals.
She said: “The rapidity with which the decision on the appeal was made (within a single working day) suggests the appeal wasn’t given careful consideration.
As the decision was based on long-term absence due to sickness, this would have raised the possibility of disability discrimination. It would have been proportionate if more time had been taken to ensure that the decision wasn’t discriminatory.
She also added that police policy did not allow for automatic withdrawal of permissions in cases of sickness leave. Tribunal found that the force could have looked at alternatives rather than withdrawing this permission.
Hibbert won her case for disability discrimination and constructive discrimination.
The total award was PS 1,176,368. This included PS 633,881 as compensation for financial loss, PS 9,541 as compensation for personal injury and PS 24,932 for emotional injury.
Hibbert expressed relief after the verdict, saying, “I’m relieved these proceedings are now over.” The case has taken five years, and I wouldn’t have been able to continue without the support from my family and the Police Federation. The way Thames Valley Police treated me left me mentally shattered, and I was forced to leave. “If TVP had listened and treated me according to the law, I would be still working for them, in the career that I loved.”
Ben Snuggs, Deputy Chief Constable of Thames Valley Police, said that the force was an employer who treated employees fairly. Since then they have worked to make sure all lessons were “fully captured”.
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