EAT Jurisdictional Points – Immunity
A Police Misconduct Board before whom the Claimant Police Officer admitted misconduct decided that she should be dismissed from the force. She had no right to claim for unfair dismissal under the Employment Rights Act 1996, and a claim to that effect was struck out. But she also claimed that continuing to conduct proceedings against her, and failing to make appropriate adjustments in the light of her disability (PTSD), and deciding to dismiss her constituted acts of discrimination related to her disability, and harassment of her because of it. The Employment Tribunal upheld a claim that allegations of this sort could not be pursued, since the Board was entitled to judicial immunity. On appeal, this decision was upheld on the basis upon which the Judge had reached it. The principles in Heath v Commisioner of Police of the Metropolis applied. Although the decision in Lake v British Transport Police did not turn merely on statutory interpretation and the principles expressed were not limited to the very particular facts of that case, this did not have the result that a claim involving allegations of discrimination arising entirely out of the conduct of the Board could proceed.
Langstaff J
[2014] UKEAT 0449 – 13 – 2503
Bailii
England and Wales
Employment
Updated: 02 December 2021; Ref: scu.523167