Case details

P (Appellant) v Commissioner of Police of the Metropolis (Respondent)

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Case ID: UKSC 2016/0041

Case summary

Issue(s)

Whether police officers are entitled to bring discrimination claims in the Employment Tribunal in respect of dismissals following proceedings before a Police Misconduct Panel.

Facts

The appellant is a former police officer. In 2010 she was assaulted as a result of which she suffered post-traumatic stress disorder ("PTSD"). On 12 September 2011, she was involved in an incident which resulted in her arrest and dismissal. She was drunk at the time, but she attributed some aspects of her behaviour to her PTSD.

Following an investigation, the appellant was brought on a disciplinary charge before the Police Misconduct Panel ("the PMP"). She accepted that she had been culpably guilty of the alleged misconduct, but relied on her good prior record as an officer and her PTSD in mitigation, and also medical evidence that her behaviour on 12 September 2011 was partly attributable to her PTSD. The PMP decided that she should be dismissed without notice.

The appellant commenced Employment Tribunal proceedings, including a claim for disability discrimination. In June 2013, the Employment Tribunal struck out the appellant’s claim and, in March 2014, the Employment Appeal Tribunal dismissed the appellant’s appeal. The basis of both decisions was that the PMP was a judicial body and, as such, enjoyed immunity from suit. The appellant now appeals to the Supreme Court.

Judgment appealed

[2016] EWCA Civ 2

Parties

Appellant

P

Respondent

Commissioner of Police of the Metropolis

Interveners
  1. Equality and Human Rights Commission
  2. The Society of Black Lawyers, Operation Black Vote, The Association of Muslim Lawyers, The NHS BME Network, BARAC, BLAKSOX, The Runnymede Charitable Trust and The National Black Police Association

Appeal

Justices

Lady Hale, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes

Hearing start date

03 May 2017

Hearing finish date

04 May 2017

Watch hearing
03 May 2017 Morning session Afternoon session
04 May 2017 Morning session Afternoon session