A & Anor v B & Ors [1997] UKEAT 145_97_0205 (2 May 1997)

A & Anor v B & Ors [1997] UKEAT 145_97_0205 (2 May 1997)

The appeal should be adjourned to allow the Industrial Tribunal to determine all relevant facts and responsibilities at the substantive hearing, as the legal question of employment status and liability is complex and may prove academic if the applicant does not succeed on the facts.

Citation
[1997] UKEAT 145_97_0205
Parties
Applicant: Detective Constable (Applicant); First Respondent: County Police Force; Second Respondent: Detective Sergeant; Third Respondent: Regional Crime Squad (Officer in charge); Fourth Respondent: Chief Constable (representing ten Chief Constables)
Jurisdiction
United Kingdom
Judgment Date
02 May 1997
Procedural Posture
Appeal Against Industrial Tribunal Interlocutory Decision / Application for Adjournment of Appeal Prior to Substantive Hearing
Outcome
Appeal adjourned; application for leave to appeal refused.
Legal Topics
Sex Discrimination, Employment Status of Police Officers, Secondment, Jurisdiction of Industrial Tribunal, Disjoinder of Parties
Employment Law Discrimination Law Sex Discrimination Employment Status of Police Officers Secondment Jurisdiction of Industrial Tribunal Disjoinder of Parties

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Parties

Detective Constable (Applicant)

Applicant

County Police Force

First Respondent

Detective Sergeant

Second Respondent

Regional Crime Squad (Officer in charge)

Third Respondent

Chief Constable (representing ten Chief Constables)

Fourth Respondent

Procedural Posture

Appeal Against Industrial Tribunal Interlocutory Decision / Application for Adjournment of Appeal Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the Regional Crime Squad and Chief Constable should be disjoined as respondents in a sex discrimination claim by a seconded police officer
  2. 2 Whether the applicant's employment relationship during secondment is exclusively with the County Police Force under the Sex Discrimination Act 1975

Ratio Decidendi

The appeal should be adjourned to allow the Industrial Tribunal to determine all relevant facts and responsibilities at the substantive hearing, as the legal question of employment status and liability is complex and may prove academic if the applicant does not succeed on the facts.

Court Disposition

Appeal adjourned; application for leave to appeal refused.

Orders

  • Appeal adjourned pending substantive hearing before Industrial Tribunal.
  • Application for leave to appeal to the Court of Appeal refused.