Lake v British Transport Police

Lake v British Transport Police

The Employment Tribunal has jurisdiction to consider the merits of a claim for unfair dismissal under Section 103A of the Employment Rights Act 1996, even where the dismissal was by a Police Disciplinary Board, because the statutory right conferred by Section 43KA is not defeated by the doctrine of judicial immunity. The tribunal is not bound by the Board's decision and may consider evidence contrary to it, provided it does not seek to compel or impugn the Board members themselves.

Parties
Appellant: Thomas Lake; Respondent: British Transport Police
Jurisdiction
England and Wales
Judgment Date
04 May 2007
Procedural Posture
Appeal From Employment Appeal Tribunal / Judgment on Jurisdictional Appeal
Outcome
Appeal allowed
Legal Topics
Protected Disclosure (whistleblowing), Judicial Immunity, Unfair Dismissal, Employment Tribunal Jurisdiction
Employment Law Police Law Protected Disclosure (whistleblowing) Judicial Immunity Unfair Dismissal Employment Tribunal Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Lake

Appellant

British Transport Police

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Judgment on Jurisdictional Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal has jurisdiction to consider a claim for unfair dismissal under Section 103A of the Employment Rights Act 1996 where the dismissal was by a Police Disciplinary Board, given the doctrine of judicial immunity.
  2. 2 Whether the decision of the Police Disciplinary Board is immune from challenge in the Employment Tribunal under the doctrine of judicial or quasi-judicial immunity.

Ratio Decidendi

The Employment Tribunal has jurisdiction to consider the merits of a claim for unfair dismissal under Section 103A of the Employment Rights Act 1996, even where the dismissal was by a Police Disciplinary Board, because the statutory right conferred by Section 43KA is not defeated by the doctrine of judicial immunity. The tribunal is not bound by the Board's decision and may consider evidence contrary to it, provided it does not seek to compel or impugn the Board members themselves.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The words in paragraph 2 of the employment tribunal’s order restricting the Section 103A claim are struck out.