Ex-Officer Wins £1.1M in Discrimination Case Over Side Business Ban

A former police officer has secured a substantial £1.1 million compensation in a discrimination case against her former employer. The case centered around the force's decision to prohibit her from operating a side business, which she had established as a therapeutic measure to manage her mental health challenges.

Katrina Hibbert, who had been diagnosed with post-traumatic stress disorder (PTSD) and depression, initiated the business following advice from an occupational health professional. The venture, a "therapeutic tent" design enterprise, was intended to support her mental well-being while she continued her police duties.

PTSD, first recognized as a diagnosis in 1980, affects approximately 7-8% of the population at some point in their lives. Women, like Hibbert, are twice as likely as men to develop this condition. The concept of "therapeutic work" has its roots in occupational therapy, which emerged in the early 20th century as a means to support mental health recovery.

Hibbert's career trajectory changed significantly in September 2015 when she stepped down from her acting inspector role due to burnout, a term coined in the 1970s by psychologist Herbert Freudenberger. By 2017, she had transitioned to a safeguarding sergeant position in the Cherwell and West Oxfordshire Local Policing Area, focusing on child sexual and drug exploitation cases.

In 2018, Hibbert's mental health began to deteriorate, prompting her to seek alternative coping mechanisms. With her force's initial approval in September 2018, she established a small party and events business, providing decorated themed tents for hire.

However, the situation took a turn for the worse in May 2019 when Hibbert learned of a vulnerable young person's death, leading to a two-week sick leave. Despite finding solace in her side business during this period, her superiors withdrew permission for the venture in June 2019, citing concerns about delayed return to work.

The force's decision was based on the belief that the public would expect officers to prioritize their contracted role over any business interests. This stance reflects the unique position of UK police officers, who, since the establishment of the first force in London in 1829, have been prohibited from striking or joining trade unions.

Hibbert appealed the decision, emphasizing the therapeutic nature of her business. However, her appeal was rejected, and a formal investigation was launched in October 2019 after it was discovered she had continued her business activities post-withdrawal of permission.

Feeling overwhelmed by the prospect of a gross misconduct hearing, Hibbert resigned in January 2020, citing the detrimental impact on her mental health and loss of faith in the police service. Her last day of service was in March 2020, marking the end of a career she had once loved and taken pride in.

Subsequently, Hibbert filed a lawsuit for constructive dismissal and disability discrimination. The employment tribunal, a system established in the UK in 1964, ruled in her favor. Judge Emma Hawksworth determined that the withdrawal of business permission was discriminatory and a significant factor in Hibbert's resignation.

The tribunal's decision aligns with the Equality Act 2010, which protects against workplace discrimination in the UK. The compensation awarded to Hibbert, totaling £1,168,561, significantly exceeds the average payout for disability discrimination cases in UK tribunals.

This case highlights the ongoing challenges faced by UK police forces in addressing mental health issues among officers. It also underscores the importance of recognizing and supporting alternative coping mechanisms, such as hobbies or side businesses, in managing work-related stress and mental health conditions.

"We are a public facing organisation and the public would expect our staff to be able to carry out their contracted role ahead of any business interest."

As the UK has seen a rise in "side hustles" or secondary businesses in recent years, this case may prompt a reevaluation of policies regarding officers' external activities, particularly when they serve a therapeutic purpose.