This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is that of persons conducting a misconduct hearing. The claimant officer had suffered a serious assault followed by post-traumatic stress. She had complained that she was not given the support she needed, and that this was discriminatory. She said that the stress had led to bizarre behaviours which resulted in misconduct hearings, and her dismissal.
Held: The appeal succeeded, and the case was remitted to the ET. The reasoning in Heath v Commissioner of Police of the Metropolis in relation to EU law was unsound.
‘ the right not to be discriminated against on grounds including disability is a fundamental right in EU law, protected by article 21(1) of the Charter. It follows that, even if it is designed to protect the officer under investigation, the creation of a statutory process which entrusts disciplinary functions in relation to police officers to persons whose conduct might arguably attract judicial immunity under domestic law cannot have the effect of barring complaints by the officers to an Employment Tribunal that they have been treated by those persons in a manner which is contrary to the Directive. National rules in relation to judicial immunity, like other national rules, can be applied in accordance with EU law only in so far as they are consistent with EU law’
Judges:
Lady Hale, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes
Citations:
[2017] UKSC 65, [2018] 1 All ER 1011, [2017] WLR(D) 696, [2018] ICR 560, [2018] IRLR 66, UKSC 2016/0041
Links:
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary, SC 20170503 am Video, SC 20170503 pm Video, SC 20170504 am Video, SC 20170504 pm Video
Statutes:
Police (Conduct) Regulations 2008, Police Reform Act 2002, Equality Act 2010 39, Employment Rights Act 1996 103A, Council Directive 2000/78/EC 2(1)
Jurisdiction:
England and Wales
Citing:
At EAT – The Commissioner of Police of The Metropolis v Keohane EAT 4-Mar-2014
EAT PREGNANCY AND DISCRIMINATION
An Employment Tribunal found that a Police dog handler, one of whose two narcotics Police dogs was removed from her when she told the force she was pregnant, had suffered a . .
At CA – P v The Commissioner of Police for The Metropolis CA 20-Jan-2016
The claimant appealed against rejection of her claim of disability discrimination against the Police Misconduct Panel on the basis that the Panel was a judicial body and as such enjoyed immunity from suit. She had been assaulted, suffering PTSD. She . .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Commission v Italy (Principles Of Community Law) French Text ECJ 24-Nov-2011
Failure of a Member State to fulfill obligations – General principle of the responsibility of the Member States for breach of Union law by one of their courts ruling in the last resort – Exclusion of all State responsibility on the basis of an . .
Cited – Kobler v Republik Osterreich ECJ 30-Sep-2003
The claimant’s claim had been presented to the Supreme Administrative Court in Austria, who had referred a question to the ECJ. Following the Schoning decision, the court withdrew the referral, and dismissed the claim. He now claimed damages from . .
Cited – Marshall v Southampton and South West Hampshire Area Health Authority (No 2) ECJ 2-Aug-1993
The UK law limiting awards of damages in sex discrimination cases is unlawful, and fails to implement European directive fully. Financial compensation must be at a level adequate to achieve equality between the workers identified. . .
Overruled as to EU law – 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.
Police, European, Discrimination
Updated: 19 September 2022; Ref: scu.597670
