LEGAL ADVICE COUNTY COURT?
EMPLOYMENT TRIBUNAL OR
Why police officers need to consider both the forums before issuing Form ET1 (the form a claimant must use to submit a claim to the Employment Tribunal), says David Miers, Consultant Solicitor at Setfords Solicitors
Police work can expose officers to difficult and sometimes damaging workplace pressures. The problem is often not a single dramatic incident but an accumulation of them: repeated exposure to traumatic events, chronic understaffing, excessive workloads, poor supervision, bullying, exclusion, or a lack of support after critical incidents. In other cases, the issue may be discrimination, a toxic management culture, or the mishandling of a return to work after stress-related absence. When mental health deteriorates in those circumstances, many officers understandably focus first on the Employment Tribunal. But that is not always the whole picture. In a significant number of cases, there may also be a potential claim in the County Court for
28 | POLICE | JUNE | 2026
psychiatric injury. That matters because Employment
Tribunal and County Court proceedings are not simply two routes to the same destination. They involve different legal
the wider consequences. The aim of this article is to highlight that risk and encourage officers to consider all options before acting.
“If a Tribunal claim is withdrawn, it will usually be dismissed. That dismissal judgment can then be used by a defendant in later County Court proceedings to argue that the claim is barred.”
tests, remedies, costs rules and limitation periods. Crucially, decisions taken in one forum can sometimes affect what can later be pursued in the other, occasionally preventing it altogether. The legal landscape is not always intuitive. An officer who rushes to issue an ET1 because the deadline is looming may do so without fully appreciating
SAME CASE, DIFFERENT CLAIMS An Employment Tribunal deals with statutory employment rights. That can often include discrimination under the Equality Act, harassment, whistleblowing detriment, unfair dismissal or constructive dismissal.
For example, an officer might bring a disability discrimination claim where a recognised mental health condition amounts to a disability, and where that officer has been rated less favourably as a result.
By contrast, a County Court personal injury claim is concerned with negligence. The focus is different: did
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46
