Hasan v Commissioners of Police of the Metropolis: EAT 22 Nov 2006

EAT Race Discrimination – Jurisdiction.
EAT Employment Tribunal held that the dismissal of a probationer pursuant to regulation 13 of the Police Regulations 2003 attracted absolute immunity and therefore precluded the claimant bringing a claim for race and/or religious discrimination arising out of the decision to dismiss dispense with his services. The EAT held that the Tribunal was in error. The doctrine was inapplicable to this decision because the procedure adopted was not sufficiently similar to that adopted in a court of law. Decisions of the House of Lords in Trapp v Mackie [1979] 1WLR 377 and of the Court of Appeal in Heath v Commissioner of Police for the Metropolis [2005] ICR 329 considered.

Judges:

The Honourable Mr Justice Elias (President)

Citations:

[2006] UKEAT 0437 – 06 – 2211, UKEAT/0437/06

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 09 July 2022; Ref: scu.247844