DISABILITY DISCRIMINATION – Discrimination by other bodies
The employment judge had erred in law in deciding that the appellant Chief Constable (the respondent below) was liable for any disability discrimination by the Independent Office for Police Conduct (IOPC).
The judge had not erred in law in deciding that the Chief Constable was liable for any disability discrimination by the statutory police misconduct panel which determined disciplinary allegations against the claimant police officer (the respondent to the appeal).
The judge had not determined the preliminary issues before him in a fair and even handed manner; he should not have quoted extensively from the claimant’s written arguments while failing to deal adequately with those of the Chief Constable.
However, that procedural unfairness did not affect the outcome of the appeal, which turns on conclusions of law. It is therefore unnecessary to remit the matter back to the tribunal for further consideration.
Citations:
[2021] UKEAT 0123 – 20 – 1802
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Eckland v Chief Constable of The Avon and Somerset Constabulary CA 7-Jan-2022
. .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 28 January 2022; Ref: scu.661692