Ensuring police officers have the right to challenge potentially unfair dismissals

Can police officers who have experienced discriminatory dismissal seek an effective remedy before the courts?

‘P’ was a serving Police Officer. In 2010, she was assaulted and as a consequence suffered Post Traumatic Stress Disorder. In 2011, whilst intoxicated, P was involved in an incident which led to her arrest. Following a disciplinary investigation, P was brought before the Police Misconduct Panel (‘the Panel”). P asserted that her behaviour was heavily affected by her PTSD. She accepted that she had been culpably guilty of the misconduct alleged. She had a good record and relied on that and her condition in mitigation. The Panel nonetheless dismissed her. P brought claims in the Employment Tribunal for discrimination arising from disability, failure to make reasonable adjustments, and harassment related to disability. The ET found that the Panel is a judicial body, which enjoys immunity from suit. All of P’s disability claims were therefore struck out. P unsuccessfully appealed to the EAT and Court of Appeal.

It is part of our role to help make sure people can access redress when they are wronged and have a fair trial in the criminal justice system.

We intervened using our powers under Equality Act 2006.

The Supreme Court accepted the Commission’s argument that the Equality Act 2010 must be read and given effect consistently with the Equality Directive so that it covers disciplinary functions by misconduct panels. This meant the judicial immunity was expressly disapplied, and police officers could now bring claims for discriminatory dismissal.

Police officers who were dismissed by a police misconduct panel are now able to bring discrimination claims relating to their dismissal. Police misconduct panels are not exempt under the Equality Act 2010.