The claimant challenged dismissal of his claim of having suffered an unfair detriment having made a disclosure with regard to his employers. The employers had said that as a constable, his employment was outside the scope of the Act, and the decision of the Police disciplinary Board could not found his claim.
Held: the paragraph of the tribunal’s finding suggesting that decision of the police disciplinary board could not found a claim was struck out.
Maurice Kay LJ said: ‘Immunity from suit protects those to whom it applies from being sued or otherwise subjected to mandatory process – for example by way of a witness order. There is no question of the Board or its members being sued or so subjected in the present proceedings in the Employment Tribunal. It seems to me that, for the reasons given by Lord Justice Pill, the respondents have taken a false point and the Employment Tribunal and Employment Appeal Tribunal fell into legal error when they acceded to it. ‘
Judges:
Wall LJ, Pill LJ, Maurice Kay LJ
Citations:
[2007] EWCA Civ 424
Links:
Statutes:
Employment Rights Act 1996 103A, Police Act 1996 47B 85
Jurisdiction:
England and Wales
Citing:
Cited – Trapp v Mackie HL 1979
Dr Trapp had been dismissed from his post by the Aberdeenshire Education Committee of which Mr Mackie was chairman. Dr Trapp petitioned the Secretary of State for an inquiry into the reasons for his dismissal. An inquiry was set up, and in the . .
Cited – Darker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
Cited – Heath v Commissioner of Police for the Metropolis CA 20-Jul-2004
The female civilian officer alleged sex discrimination against her by a police officer. Her complaint was heard at an internal disciplinary. She alleged sexual harrassment, and was further humiliated by the all male board’s treatment of her . .
Lists of cited by and citing cases may be incomplete.
Employment, Police
Updated: 21 October 2022; Ref: scu.251771