Nicholas Eckland v Chief Constable of the Avon and Somerset Constabulary

Nicholas Eckland v Chief Constable of the Avon and Somerset Constabulary

The Chief Constable is liable for the acts and omissions of the police misconduct panel under section 42(1) of the Equality Act 2010, as interpreted by the Supreme Court in P v Commissioner of Police for the Metropolis. The Employment Tribunal has jurisdiction to hear the claim, and no effective or equivalent alternative remedy exists under section 29(6) in the County Court. The Supreme Court's decision in P is binding notwithstanding regulatory amendments.

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, Attribution of Liability, Police Misconduct Panels, Jurisdiction of Employment Tribunal, EU Law Conformity, Remedies for Discrimination
Employment Law Discrimination Law Police Law Disability Discrimination Attribution of Liability Police Misconduct Panels Jurisdiction of Employment Tribunal EU Law Conformity +1 more

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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 an independent police misconduct panel under the Equality Act 2010
  2. 2 Whether the Employment Tribunal has jurisdiction to hear discrimination claims arising from acts of the panel
  3. 3 Whether the Supreme Court decision in P v Commissioner of Police for the Metropolis is binding under the amended regulations

Ratio Decidendi

The Chief Constable is liable for the acts and omissions of the police misconduct panel under section 42(1) of the Equality Act 2010, as interpreted by the Supreme Court in P v Commissioner of Police for the Metropolis. The Employment Tribunal has jurisdiction to hear the claim, and no effective or equivalent alternative remedy exists under section 29(6) in the County Court. The Supreme Court's decision in P is binding notwithstanding regulatory amendments.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Chief Constable is dismissed.