Thursday, 18 February 2016

Employment Tribunal Discrimination Claims May Not be Brought Against Police Misconduct Boards

However they may against an individual police officer! The Court of Appeal upheld the decisions of the EAT and employment tribunal in  P v The Commissioner of Police for the Metropolis.

The ET had accepted (paragraph 15) that the Metropolitan Police Misconduct Board was a judicial body which enjoys immunity from suit. Employment Judge Etherington concluded:
"25… These proceedings are no mere action in the nature of an appeal. The claimant is not simply saying to the panel 'you got this wrong', which is within the normal and accepted experience of those exercising judicial functions, but asserts that [the] decision and the process whereby that decision was reached constitute the statutory tort of unlawful discrimination. How can that be said not to impugn the integrity of the panel? Were this matter to continue to a Hearing and a Tribunal to find in favour of the Claimant the members of the panel would stand guilty of discrimination for merely exercising their judicial function in an appropriate way. There is here no suggestion that the outcome of the case before the panel was tainted by malice. This action is no mere challenge to the correctness of the decision but indicts the Board as perpetrators of discrimination."

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