Police Officer Wins Disability Discrimination Case Against Force
A dyslexic police officer who ordered colleagues to breathalyse his former boss after falsely accusing him of drink-driving has successfully sued his force for disability discrimination. PC Lee Umpleby has taken Avon and Somerset Police to an employment tribunal, claiming discrimination after being moved to a desk job despite struggling with administrative tasks due to his dyslexia and depression.
The Controversial Incident
In May 2023, the dog handler followed Ministry of Defence Police Sergeant Steve Knight's car for five miles on his way to work before instructing traffic officers to conduct a breath test. The test returned negative results, but PC Umpleby told a misconduct hearing in June the following year that he believed Sergeant Knight was a 'bully' who had previously driven under the influence.
The officer wept as he was cleared of misconduct, with the 2024 hearing ruling that the police constable genuinely believed his line manager was over the legal alcohol limit. PC Umpleby, who has served as a police officer for eighteen years, has now pursued legal action against Avon and Somerset Police.
Tribunal Findings on Disability Status
An employment judge ruled on January 27 this year that PC Umpleby qualifies as a 'disabled person' under the Equality Act on the grounds of dyslexia. The tribunal heard that the officer was suspended from his dog handler role in 2023 and assigned to carry out administrative duties from home.
The tribunal found substantial evidence of his dyslexia, including a diagnostic assessment conducted by a psychologist at the request of his previous employer, Thames Valley Police, in 2008. The assessment revealed that while PC Umpleby possessed above-average comprehension skills appropriate to his ability, his spelling proficiency and writing rate were below average.
The psychologist's report stated: 'Assessment of literacy levels indicated that, though demonstrating average spelling level, fewer than 2 percent of peers of similar intellect would score as low or lower than he did. Lee is a friendly officer of superior overall intellect, who processes verbal and visual information much slower than average. His spelling skills are average but well below the level expected of someone of his ability.'
The report further noted: 'Lee's difficulties will be most evident in situations where the quick assimilation and/or the recording of written information are important.'
Mental Health Challenges and Work History
The police constable also provided evidence of previous diagnoses of anxiety and depression. He was signed off as unfit for work from May to July 2016 due to anxiety and depression, during which time he began taking antidepressant medication. For similar reasons, he was signed off again from July to November of that same year.
PC Umpleby informed the hearing that his depression became unmanageable, requiring medical intervention. He explained that his mental health issues were connected to workplace events that eventually led him to leave and join a taxi company 'for a period.' Despite these challenges, he had his shotgun license renewed in April 2020, telling the tribunal he experienced no mental health issues preventing the renewal at that time.
Throughout his career, PC Umpleby had never requested reasonable adjustments previously, as paperwork was limited in his role as a dog handler. The need for such adjustments emerged when he was suspended from his dog handler position in 2023 and assigned to administrative duties from home.
Administrative Struggles and Communication Issues
This new role involved significantly more paperwork and extensive writing tasks, including emails, reports, and responses. His dyslexia created substantial difficulties in managing these responsibilities. While he reported no problems reacting quickly and appropriately to immediate events in his dog handler capacity, he acknowledged struggling with paperwork throughout his entire career.
According to tribunal documents: 'The claimant was asked in cross-examination about an email from his trade union representative relating to the professional standards investigation which was part of the events leading to the claim. His Police Federation representative, Mark Loker, emailed the investigator, Jacob Bullus, on 23 September 2023 stating, in relation to the claimant, "I've just spoken to him and he's fine, no reasonable adjustments necessary."'
However, PC Umpleby clarified that he had not been copied into that email and had not seen it until it was disclosed during tribunal proceedings. He stated that Mr. Loker had not asked him about reasonable adjustments and that his understanding was that he was being asked whether he was comfortable being questioned by Mr. Bullus, to which he agreed.
The officer explained that he had not expected to provide written responses. Had this been made clear, he would have requested an interview as a reasonable adjustment, which the tribunal accepted as credible.
Mental Health Deterioration and Medical Evidence
The tribunal heard that PC Umpleby experienced no further mental health issues until June 2023, following the incident where he ordered colleagues to breathalyse his former boss. In medical records submitted to the court, the dog handler was recorded as stating: 'I am a police officer and am being investigated for gross misconduct, I am innocent but have to go through this process to prove my innocence. This is causing a huge amount of stress and anxiety about returning to work. I feel I need some time off to cope with the situation.'
PC Umpleby remained on sick leave, with the reason recorded as a shoulder injury in December 2023. Later that same month, medical records referenced him having depression and experiencing significant work-related stress. In January 2024, he was documented as having anxiety and depression and had resumed taking antidepressants. His GP confirmed in a letter in May 2024 that he had been diagnosed with anxiety and depression.
According to tribunal documents: 'The claimant said in his written evidence that as a result of his depression he experienced feelings of suppressed panic and exhaustion. He said his depression affected his energy and concentration and exacerbated the difficulties he experienced dealing with written documents and his ability to cope with stress. The tribunal accepted this evidence.'
Judicial Conclusions and Rulings
Employment Judge D. Gray-Jones concluded that PC Umpleby's dyslexia 'did not cause him difficulties when working as a dog handler, but it did cause him difficulties when he was assigned to administrative duties after he was suspended from his dog handler role in 2023.' The judge further stated that the police constable's dyslexia occasionally had a 'substantial and adverse effect on the carrying out of a normal day to day activity.'
The judgment continued: 'That impairment has an effect on his ability to carry out normal day to day activities and that effect is substantial and adverse. The claimant's dyslexia is a lifelong condition. Accordingly, the tribunal finds that the claimant was disabled by reason of dyslexia at all times material to the claim.'
The judge also ruled that PC Umpleby's depression 'was a reaction to events' at work. 'The claimant's evidence in his disability impact statement was that when depressed he had difficulty concentrating, sleeping and coping with routine demands and experienced panic attacks. As a result of the claimant's depression he experienced feelings of suppressed panic and exhaustion. The depression affected his energy and concentration and exacerbated the difficulties he experienced dealing with written documents and his ability to cope with stress.'
Judge Gray-Jones added: 'Accordingly, my conclusion in relation to the question of whether the claimant was disabled by reason of depression is that he had a mental impairment, namely depression. That impairment had a substantial and adverse effect upon his ability to carry out normal day to day activities. That effect was long-term. As such the Claimant was a disabled person by reason of depression from January 2024.'
