Eckland v Chief Constable of the Avon and Somerset Constabulary (Rev3) [2021] EWCA Civ 1961 (07 January 2022)

Eckland v Chief Constable of the Avon and Somerset Constabulary (Rev3) [2021] EWCA Civ 1961 (07 January 2022)

The Chief Constable is liable for the acts and omissions of the police misconduct panel in discrimination claims under the Equality Act 2010, as required by the Supreme Court's decision in P v Commissioner of Police for the Metropolis, and a County Court claim under section 29(6) is not an equivalent remedy to an Employment Tribunal claim under Part 5.

Citation
[2021] EWCA Civ 1961
Parties
Claimant/respondent: Nicholas Eckland; Respondent/appellant: Chief Constable of the Avon and Somerset Constabulary; First Intervener: National Association of Legally Qualified Chairs; Second Intervener: Independent Office for Police Conduct; Third Intervener: Association of Police and Crime Commissioners
Jurisdiction
England and Wales
Judgment Date
07 January 2022
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Vicarious Liability, Police Misconduct Proceedings, Jurisdiction of Employment Tribunal, Interpretation of Equality Act 2010
Employment Law Equality and Discrimination Law Police Law Disability Discrimination Vicarious Liability Police Misconduct Proceedings Jurisdiction of Employment Tribunal Interpretation of Equality Act 2010

Case Brief

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Parties

Nicholas Eckland

Claimant/respondent

Chief Constable of the Avon and Somerset Constabulary

Respondent/appellant

National Association of Legally Qualified Chairs

First Intervener

Independent Office for Police Conduct

Second Intervener

Association of Police and Crime Commissioners

Third Intervener

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Chief Constable is liable for acts or omissions of the independent police misconduct panel under the Equality Act 2010
  2. 2 Whether the Supreme Court decision in P v Commissioner of Police for the Metropolis is binding under the amended Police (Conduct) Regulations 2012
  3. 3 Whether an alternative remedy under section 29(6) of the Equality Act 2010 is equivalent to a claim under Part 5

Ratio Decidendi

The Chief Constable is liable for the acts and omissions of the police misconduct panel in discrimination claims under the Equality Act 2010, as required by the Supreme Court's decision in P v Commissioner of Police for the Metropolis, and a County Court claim under section 29(6) is not an equivalent remedy to an Employment Tribunal claim under Part 5.

Court Disposition

Appeal dismissed

Orders

  • The Chief Constable remains liable for acts and omissions of the misconduct panel under the Equality Act 2010.
  • Employment Tribunal has jurisdiction to hear the claim against the Chief Constable.