The claimant sought a judicial review against a Chief Constable against whose force she had made complaints of sex discrimination and victimisation, not to remit disciplinary proceedings against her under regulation 14 of the 1985 Regulations to another Chief Constable. Her complaint was that, in making that decision, he had not acted judicially.
Held: The fact that a Chief Constable had been named as a defendant in proceedings brought by a constable, did not disqualify him from exercising his statutory duties as chief constable to hear disciplinary proceedings against the same constable. The regulations imposed an unequivocal duty on him to hear the complaint, and his general and continuing duties for the maintenance of discipline put him in a different position to that of a judge hearing a case.
Citations:
Times 12-Jun-2001, Gazette 21-Jun-2001, [2001] EWCA Civ 638, [2001] IRLR 442
Links:
Statutes:
Police (Discipline) Regulations 1985 (1985 No 518) 13.1
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Chief Constable of Merseyside, Ex Parte Bennion QBD 18-Jul-2000
A senior officer had begun a claim against the police officer alleging sex discrimination. She complained that when disciplinary proceedings were commenced against her, the person making the decision would be the Chief Constable, and that his . .
Cited by:
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.
Human Rights, Employment, Police
Updated: 31 May 2022; Ref: scu.147533
