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 complained that the lack of support given to her led to poor behaviour at work, and her eventual dismissal.
Held: The appeal was dismissed. It was indistinguishable from the case of Heath: ‘However I have been troubled by a particular feature of the case. If I am right, it would appear that claims of discriminatory dismissal brought by police officers, where the effective dismissing agent is a disciplinary panel such as was convened here, will not be viable in the Employment Tribunals; yet Parliament has legislated to allow such claims to be made.’ (Laws J).

Judges:

Laws, Lewison, Christopher Clarke LJJ

Citations:

[2016] EWCA Civ 2, [2016] ICR D7, [2016] WLR(D) 16, [2016] IRLR 301

Links:

Bailii

Statutes:

Police (Conduct) Regulations 2008, Equality Act 2010

Jurisdiction:

England and Wales

Citing:

At EATThe 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 . .
CitedHeath 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 . .

Cited by:

At CAP v Commissioner of Police of The Metropolis SC 25-Oct-2017
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 . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Police

Updated: 19 September 2022; Ref: scu.559146