Police officer wins tribunal claim over HIV discrimination

A police officer in Wales has been awarded £40,200 after an employment tribunal found he was subjected to discrimination and harassment following an HIV diagnosis.

The officer, who was granted anonymity during proceedings, said he was treated as though he posed a risk to others and described being made to feel stigmatised after being placed on restricted duties. He was also asked detailed questions about his sexual relationships, which the tribunal later described as highly intrusive.

The officer received confirmation of his HIV diagnosis while at work. Distressed, he informed colleagues and later contacted occupational health. He was advised to take time off to process the news.

The following day, he attended an NHS appointment with an HIV specialist nurse, who advised that he could continue in his frontline role and did not need to be restricted. Despite this, occupational health informed him he would be placed on limited duties until further medical information was available despite the external specialist indicating that removal from duties was unnecessary.

Occupational health asked the employee whether he had a partner and whether he used protection. He described these questions as inappropriate and distressing. He was advised that a referral to HR would be required and was told he could refer to his HIV as a condition affecting his immune system. Feeling upset and ashamed by his treatment, he asked not to have further dealings with occupational health.

The employment judge found that the approach taken reflected outdated assumptions about HIV. The failure to conduct a proper written risk assessment, combined with intrusive questioning, contributed to the finding of discrimination and harassment.

As part of its remedy, the tribunal recommended that the police force:

Conduct a formal written risk assessment before taking action in cases involving an officer diagnosed with HIV.
Consult with the officer concerned, an HIV specialist or a relevant charity when developing or implementing HIV-related policy.
Provide additional training on HIV awareness to frontline officers, supervisors and occupational health staff.

The case serves as a reminder that long-term health conditions, including HIV, are protected under equality law, and that decisions influenced by stigma or unsupported assumptions are likely to expose organisations to significant legal and reputational risk. For further support relating to this, contact 121 HR Solutions on 0800 9995 121.

Police officer wins tribunal claim over HIV discrimination

121 HR Solutions Ltd