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Cop accused of shirking at work in cold weather wins £40k payout following sick leave row
Cop accused of shirking at work in cold weather wins £40k payout following sick leave row

The Sun

time2 days ago

  • The Sun

Cop accused of shirking at work in cold weather wins £40k payout following sick leave row

A POLICE officer accused of shirking at work in cold weather has won a £40,000 payout. PC Denise Gemmell has nerve condition neuralgia and was hauled before her inspector for taking time off in winter. He also told her colleagues in Glasgow did not like her and she was a problem to manage. She sued for victimisation and won the payout. A tribunal heard she said she had 'no choice' but to call in sick during winter, when the cold aggravated her condition and caused intense pain. Insp Stephen Gow grilled her on what she meant by 'inclement weather' and if she just avoided work 'when you don't fancy the weather?'. Employment Judge Peter O'Donnell ruled it was an unfair attack as she had no notice. He said: 'It is difficult not to see a degree of vindictiveness.' Last year a record 14,508 police officers signed off from work with mental health issues. Shock stats revealed more cops took time out than ever before for reasons like depression, stress, anxiety and PTSD. Moment blood-covered female cop's nose is broken as she's left in tears in 'brawl with brothers at Manchester Airport' 1

Female police officer wins £40,000 payout after she was challenged by inspector over rare condition stopping her from working in cold weather
Female police officer wins £40,000 payout after she was challenged by inspector over rare condition stopping her from working in cold weather

Daily Mail​

time3 days ago

  • Health
  • Daily Mail​

Female police officer wins £40,000 payout after she was challenged by inspector over rare condition stopping her from working in cold weather

A female police officer has won more than £40,000 after she was told she was a 'problem' because of a condition which stopped her from working in cold weather. PC Denise Gemmell was 'ambushed' and 'attacked' by her Inspector in a meeting that left her in tears after she explained her health condition prevented her from working in 'inclement' conditions, an employment tribunal found. PC Gemmell says she had 'no choice' but to phone in sick during winter months because snowy and icy conditions aggravate her neuralgia - a health condition which causes intense nerve pain. During a meeting with Inspector Stephen Gow, he grilled her over what she meant by 'inclement weather'. Insp Gow also questioned her condition by asking if she just avoided work 'when you don't fancy the weather?', a tribunal heard. PC Gemmell - based in Glasgow, Scotland, where temperatures can reach well below freezing in winter - was also subjected to a series of other 'vindictive' comments by Insp Gow. The Scottish officer, who is still serving, has now won £43,092 in compensation. She successfully sued Police Scotland for victimisation over the meeting with Insp Gow. Glasgow Employment Tribunal heard PC Gemmell has been a serving officer for 26 years. In 2014 she was involved in an accident which left her with neuralgia. Neuralgia is pain in the nerves and nerve pathways, causing bursts of sudden, shooting and severe pain in the face which the NHS says is like 'having an electric shock in the jaw, teeth or gums'. PC Gemmell had to be removed from frontline policing and in 2016 was moved to the Service Delivery Unit, which organises police resources and is overseen by Insp Gow. In December 2022, PC Gemmell had to call in sick due to bad weather in Glasgow. The tribunal heard: 'In the email, [PC Gemmell] makes reference to cold weather and how this affects her. 'She describes herself as being in high pain. 'She makes reference to adjustments [her HR record which states she had] an adjustment for attendance in inclement weather. '[PC Gemmell] was not due to start her shift until 2pm and she states that she is going to struggle. 'She states that she needs another plan because she is affected by the weather and is forcing herself into work when she is in pain. 'She states that this causes her stress. She states that she does not like going off sick but is considering doing so because she cannot go into work stressed and in high pain.' PC Gemmell said in a second email that 'cold weather affects her condition and that she has no choice but to phone in sick'. She was off for almost a week. Upon her return to work, Insp Gow called her into a meeting in what the tribunal described as an 'ambush'. He was frustrated she had approached the Police Federation and told her she 'was taking up too much of his time and he had spent two days in meetings and calls about her when he had a division to look after'. It was heard the pair discussed her health issues. 'She explained that she takes a lot of the winter off because of the weather', the tribunal heard. '[Insp Gow] asked [PC Gemmell] what was meant by "inclement weather" and she replied that it meant snow or ice. 'He stated that it could mean wind too and asked [her] if she was saying that she just did not come in if she did not "fancy" the weather. '[PC Gemmell] replied that she did not need an adjustment for wind. '[Insp Gow] pointed out when the email was sent and asked whether [she] had just looked out of the window and decided she was not going to work. '[PC Gemmell] replied "sort of" and explained that she gets anxious driving in the snow as the cold affects her condition so if it did not clear then she could not drive.' Insp Gow then told PC Gemmell that others at their station did not like her. '[Insp Gow] stated that her colleagues did not like her and she was having an adverse effect on them. 'He went to state that supervisors find her a problem to manage. 'He said that no-one has probably told her this before but people cannot work with her and no-one has a nice word to say about her. 'She needs to do self-reflection as what she sees, others do not; she is not good at her job. 'He went on to state that people do not like to be around her.' After the meeting PC Gemmell was 'in tears and very upset'. She went off sick and has not returned since. She went without pay for 11 months, however, her pay has since been reinstated. Employment Judge Peter O'Donnell said the meeting amounted to victimisation. Judge O'Donnell said: 'In these circumstances, the Tribunal considers that [PC Gemmell] was, in effect, 'ambushed' by [Insp Gow]... She went into a meeting about which she had no prior knowledge or opportunity to prepare. 'The Tribunal considers that [Insp Gow] was challenging [PC Gemmell] on a number of issues. 'For example, he questions the terms of [her] adjustment relating to weather asking her to define 'inclement weather' and questioning this a number of times. 'The terms in which [he] questions [her] about this led the Tribunal to infer that he was challenging the validity of the adjustment. 'For example, at one point he asks [PC Gemmell] whether she was saying that she does not come in 'when you don't fancy the weather?' 'The picture that emerges of this meeting is that [PC Gemmell] was subject to an attack by [Insp Gow] without any prior warning or opportunity to prepare to defend herself. 'Any employee being told that people did not want to work with her, that her colleagues did not like her and that she was not good at her job would undoubtedly and almost inevitably be adversely affected. 'It is difficult not to see a degree of vindictiveness in the comments made to [PC Gemmell] by [Insp Gow] about how others view her and the Tribunal does consider that there was an element of [him] seeking to put [her] in her place by raising these issues in the very blunt way that he did.' PC Gemmell lost a disability discrimination claim

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