A Police Officer's Struggle with Health and Workplace Discrimination
A female police officer has received over £43,092 in compensation after being subjected to what a tribunal described as an "ambush" by her superior. The case highlights the challenges faced by employees with health conditions, particularly those that affect their ability to work in certain weather conditions.
PC Denise Gemmell, who has served for 26 years, was diagnosed with neuralgia following an accident in 2014. Neuralgia is a condition that causes intense nerve pain, often described as an electric shock-like sensation in the face. This condition significantly impacts her ability to work during cold and icy weather, which can worsen her symptoms.
In December 2022, PC Gemmell had to call in sick due to severe weather in Glasgow. She explained in an email that the cold weather made her condition worse, leading to high levels of pain. She also mentioned that she had an adjustment in her HR record allowing her to take time off during inclement weather. However, this explanation led to a confrontation with Inspector Stephen Gow, who questioned the validity of her condition.
During a meeting, Insp Gow challenged PC Gemmell on what she meant by "inclement weather." He asked if she was simply avoiding work when the weather was bad. He also suggested that she might have just looked out the window and decided not to come in. These comments were seen as dismissive and unprofessional by the tribunal.
The meeting escalated further when Insp Gow claimed that colleagues did not like PC Gemmell and that she was causing issues for the team. He went on to say that she was not good at her job and needed to do self-reflection. These remarks left PC Gemmell upset and in tears.
Following the meeting, PC Gemmell took a leave of absence and did not return to work for 11 months. Although she was unpaid during this time, her pay was later reinstated. The employment tribunal found that the meeting constituted victimisation, as it was conducted without prior notice or preparation, and included potentially vindictive comments.
Employment Judge Peter O'Donnell emphasized that the way Insp Gow approached the discussion about PC Gemmell’s condition raised concerns about the validity of her adjustment. He noted that the questions posed during the meeting were likely intended to undermine her situation. The judge also pointed out that the comments about her colleagues’ dislike of her could have been designed to humiliate and isolate her.
Despite the compensation awarded, PC Gemmell lost a separate disability discrimination claim. This outcome highlights the complexity of such cases, where even with evidence of unfair treatment, proving discrimination can be challenging.
This case serves as a reminder of the importance of understanding and accommodating employees with health conditions. It also underscores the need for respectful and supportive workplace environments, especially when dealing with sensitive issues like health and well-being.
The experience of PC Gemmell illustrates the emotional and professional toll that unjust treatment can take on an employee. It also raises important questions about how organizations handle such situations and the support systems in place for those affected by health-related challenges.