Police officer made to feel 'like walking disease' after HIV diagnosis awarded £40,000
Getty ImagesA police officer who said he was made to feel like a "walking disease" at work after being diagnosed with HIV has been awarded more than £40,000 in compensation.
An employment tribunal found the unnamed officer from Gwent Police was discriminated against, harassed and treated unfavourably by the force.
The officer was placed on restricted duties following the diagnosis, and was asked "highly intrusive" questions about his sex life, it found.
Deputy Chief Constable of Gwent Police Nicky Brain said the health and wellbeing of its staff was of great importance, and that the force recognises "that we got this wrong and acknowledge the significant impact that this has had on the officer".
According to the tribunal, the officer was undertaking a classroom-based training course in November 2024 when he "received a phone call informing him that he had been diagnosed with HIV".
He completed his training before visiting the force's occupational health department where he was seen by a nurse who suggested he "take time off to process his diagnosis".
The nurse described the officer as "so distressed, I would have been concerned about his driving the high-performance police vehicles at high speed".
The officer attended an NHS appointment with a specialist who told him he "did not need to be removed from his front-line duties and placed on restricted duties, and that he could continue his role as normal".
However, he was subsequently contacted by a different member of the occupational health team who informed him he would be placed on restricted duties until his viral load and CD4 count were known.
The officer said he "could not understand why" his duties were being restricted when the specialist had advised this was not necessary.
At a further appointment with the specialist, he was told his HIV levels would be "non-detectable and non-transmittable within a few months, and that the NHS were not worried about his results".
'Wholly inappropriate questions'
The tribunal heard the officer then had another meeting with a health team nurse, during which he was asked questions about his sexual health, including whether he had a partner, whether the partner was aware of his diagnosis, and if he was using protection during intercourse.
The officer said he was "shocked" by the questions which he found "wholly inappropriate", having "no bearing on his role as a police officer".
Asked whether the line of questioning was necessary, the nurse maintained it was her duty of care to protect him, as well as "his colleagues and members of the public, from an officer whose viral load remains detectable".
Tribunal judge H J Randall found the phrasing "troubling", saying the words were "indicative of the stigma attached to HIV".
The judge said the nurse did not intend to "violate" the officer's dignity, but to "provide information as to prevention of transmission of the virus". However, the judge ruled the questions were "highly intrusive", particularly in the context of an HIV diagnosis.
"We find that the asking of those questions had the effect of violating the claimant's dignity and creating a degrading and humiliating environment."
It was later decided that the officer's duties would be restricted, after which he sent a message to his line manager saying the force had "isolated" him and made him feel "like a walking disease".
In his witness statement, he said: "It felt as though they did not know what to do in situations where an officer had been diagnosed with HIV, so panicked and made the decision to restrict me.
"It felt like this was feeding into the stigma that surrounds HIV."
The officer was prevented from working a shift after the restriction was imposed, returning to full duties only after having provided evidence that his viral levels were non-detectable and non-transmittable.
The judge rejected the force's claim that the treatment was "not very serious" because "it was only a few days, and only resulted in the missing of one shift".
"We disagree. The treatment involved a complete expulsion of the claimant from carrying out his role because of his HIV-positive status and unfounded fears surrounding transmission of the virus.
"It was treatment which isolated and separated him from colleagues, effectively shunning him."
The tribunal found the officer had been discriminated against, harassed and treated unfavourably, ordering him to be paid £40,200 for injury to feelings, as well as interest of £2,927.
Deputy Chief Constable Brain said the force prioritised staff health and wellbeing.
"In this case, we recognise that we got this wrong and acknowledge the significant impact that this has had on the officer," she said, adding that it aimed to be "a more inclusive police service".
"We are in the process of implementing several learning measures identified as part of this judgement," he said, adding that this included HIV training for all officers and staff as well as additional training for occupational health practitioners.
