Squire v Thames Valley Police & Anor (R. on the Application of) [2016] EWCA Civ 1315 (21 December 2016)

Squire v Thames Valley Police & Anor (R. on the Application of) [2016] EWCA Civ 1315 (21 December 2016)

The PAT erred in finding bias and procedural unfairness; the panel's admission of hearsay evidence did not impugn its ultimate analysis; the panel's findings on Mrs Evans' credibility and gross misconduct were well-reasoned and sustainable; there was no basis for the PAT to overturn the panel's decision; remission of sanction was appropriate.

Citation
[2016] EWCA Civ 1315
Parties
Appellant: Michael Squire; First Respondent: The Queen (on the application of the Chief Constable of Thames Valley Police); Second Respondent: The Police Appeals Tribunal
Jurisdiction
England and Wales
Judgment Date
21 December 2016
Procedural Posture
Appeal From Administrative Court (judicial Review) / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Gross Misconduct, Sexual Harassment, Bias, Hearsay Evidence, Disciplinary Proceedings, Remission of Sanction
Employment Law Administrative Law Police Law Gross Misconduct Sexual Harassment Bias Hearsay Evidence Disciplinary Proceedings +1 more

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Parties

Michael Squire

Appellant

The Queen (on the application of the Chief Constable of Thames Valley Police)

First Respondent

The Police Appeals Tribunal

Second Respondent

Procedural Posture

Appeal From Administrative Court (judicial Review) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Police Appeals Tribunal erred in finding bias and procedural unfairness in the disciplinary panel's decision
  2. 2 Whether the panel's admission and treatment of hearsay evidence was improper
  3. 3 Whether the panel's findings on gross misconduct were unreasonable

Ratio Decidendi

The PAT erred in finding bias and procedural unfairness; the panel's admission of hearsay evidence did not impugn its ultimate analysis; the panel's findings on Mrs Evans' credibility and gross misconduct were well-reasoned and sustainable; there was no basis for the PAT to overturn the panel's decision; remission of sanction was appropriate.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • The appeal of Michael Squire is dismissed.
  • The cross-appeal of the First Respondent is dismissed.