Police officer with PTSD dismissed after domestic violence allegation: discrimination claims rejected
A police officer with PTSD who was dismissed after a domestic violence allegation has lost his disability and sex discrimination claims. The tribunal found the misconduct panel's decision was not influenced by his disability.
1 min read · Last updated 18 May 2026
Case details
- #police-officer
- #ptsd
- #domestic-violence
- #misconduct-panel
- #anonymity-order
- #burden-of-proof
Key facts
- AB and PC RH were police officers in a relationship who had a physical altercation on 14 November 2019.
- AB was arrested and charged with assault, but the criminal case was dismissed as out of time.
- An internal misconduct panel found AB had committed gross misconduct and dismissed him on 10 June 2021.
- AB had PTSD from a previous car accident, which the respondent accepted as a disability at the time of the incident.
- The tribunal found AB was disabled at the time of the panel hearing but that the panel's decisions were not influenced by his disability.
- The tribunal dismissed all claims of discrimination and unfair dismissal.
Timeline
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Altercation between AB and PC RH
AB and PC RH had a heated argument and physical fight at their home. Both made 999 calls. AB was arrested by Metropolitan Police.
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AB gives PACE interview
AB provided his account of the incident to the police while in custody.
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First psychological assessment
Dr Caroline Taylor assessed AB and diagnosed PTSD, moderate depression, and severe anxiety.
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Updated psychological report
After eight therapy sessions, AB's PTSD symptoms had abated, and he was back at work on a phased return.
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CPS decision to prosecute
CPS decided there was a reasonable prospect of conviction for assault against AB.
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Court appearance
AB appeared in magistrates court; the case was dismissed because the prosecution was out of time.
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Case to answer decision
Detective Superintendent Fulton decided there was a case to answer for gross misconduct.
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Pre-hearing psychological assessment
Dr Taylor reported that AB's PTSD symptoms had re-emerged due to the threat of losing his job.
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Misconduct panel hearing begins
A four-day hearing in York commenced before a panel of three.
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Dismissal decision
The panel found AB had committed gross misconduct and dismissed him.
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Appeal rejected
Sam Stein QC rejected AB's appeal against the panel's decision.
The legal issue
The tribunal had to decide whether the misconduct panel's findings and dismissal of a police officer with PTSD amounted to direct sex discrimination or discrimination arising from disability, and whether there was a failure to make reasonable adjustments.
The outcome
The tribunal dismissed all claims of discrimination and unfair dismissal. The key reasons were:
- The misconduct panel's decision was based on the officer's conduct, not his disability. The panel had considered updated medical evidence and concluded that his PTSD did not affect his behaviour during the incident.
- There was no evidence of sex discrimination: the officer was treated no differently than a female officer would have been in similar circumstances.
- The claim for failure to make reasonable adjustments failed because the officer did not identify any specific adjustments that should have been made, and the panel had already taken his disability into account.
No compensation was awarded as all claims were dismissed.
Lessons & takeaways
- A misconduct panel's decision will not be overturned by a tribunal unless there is clear evidence that the decision was influenced by a protected characteristic, such as disability.
- Employers who properly consider updated medical evidence and make reasonable adjustments are less likely to face successful discrimination claims.
- Anonymity orders in sensitive cases like domestic violence allegations can protect the identity of both the alleged victim and the accused.
- Police officers are office holders, not employees, so they cannot bring unfair dismissal claims, but they can bring discrimination claims under the Equality Act 2010.
This case highlights the challenges faced by employees with disabilities who are subject to disciplinary proceedings. The claimant, a police officer with PTSD, was dismissed after a domestic violence incident involving a colleague. Despite his disability, the tribunal found that the misconduct panel's decision was not discriminatory.
What the tribunal considered
The tribunal examined whether the misconduct panel had taken the officer's PTSD into account. It found that the panel had considered updated medical reports and concluded that the officer's disability did not cause or influence his behaviour during the incident. The panel's decision was based on the seriousness of the misconduct, not on his disability.
Why the claims failed
The officer argued that his PTSD should have led to a different outcome, but the tribunal disagreed. It noted that the panel had followed proper procedures and had not treated him less favourably because of his disability. Similarly, the sex discrimination claim failed because there was no evidence that a female officer would have been treated differently.
Key takeaways
This case shows that employers can defend discrimination claims if they can demonstrate that their decisions were based on conduct, not disability. For employees, it underscores the importance of providing clear evidence that a disability influenced the employer's decision. The case also illustrates that police officers, while unable to claim unfair dismissal, can still bring discrimination claims – but they must meet the same legal standards as any other worker.
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