British Transport Police

Case No. 2201548/2024 1 EMPLOYMENT TRIBUNALS SITTING AT: LONDON CENTRAL by CVP BEFORE: EMPLOYMENT JUDGE F SPENCER BETWEEN: Mr J Airey CLAIMANT AND British Transport Police RESPONDENT ON: 27 November 2025 Appearances For the Claimant: In person For the Respondent: Ms Sharp, counsel JUDGMENT The Judgment of the Tribunal is that the Claimant’s claim for failure to make reasonable adjustments is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 as having no reasonable prospect of success. REASONS These written reasons are given at the request of the Claimant, made at the hearing, following oral judgment given on the day. 1. By an application dated 21 February 2025 the Respondent seeks a strike out of the Claimant’s claim that the Respondent failed in its duty to make a reasonable adjustment. The claim relates to the cancellation of an Occupational Health appointment following the withdrawal of a conditional offer to be appointed as a Special Constable, but prior to an appeal against the vetting decision. 2. The issues in this case were set out in a Case Management Order following a Preliminary Hearing before Employment Judge Jack. Since the date of Case No. 2201548/2024 2 that Order the Claimant’s status as a disabled person has been conceded by the Respondent. 3. It is the Claimant’s case that the Respondent applied a PCP of “cancelling an Occupational Health appointment following the withdrawal of a conditional offer, while the vetting appeal was ongoing”. Further it is his case that this PCP put him at a substantial disadvantage compared to someone without his disability “in that there was a lack of understanding in the vetting appeal about the Claimant’s disability, difficulty in soci...