Lincolnshire Police v Stubbs & Anor [1997] UKEAT 1231_97_1512 (15 December 1997)

Lincolnshire Police v Stubbs & Anor [1997] UKEAT 1231_97_1512 (15 December 1997)

The appeals raise arguable points of law regarding the correct respondent under s.17 and the scope of employment under s.41; both issues require full hearing with agreed facts and relevant evidence identified.

Citation
[1997] UKEAT 1231_97_1512
Parties
Applicant: Ms Stubbs; Appellant: Chief Constable of Lincolnshire Police; Respondent: Detective Sergeant Walker; Respondent: Mr Taylor; Respondent: Chief Constable of North Yorkshire Police
Jurisdiction
United Kingdom
Judgment Date
15 December 1997
Procedural Posture
Employment Appeal / Preliminary Directions Before Full Hearing of Consolidated Appeals
Outcome
Directions given for preparation of agreed statement of facts and consolidation of appeals; no final determination on merits at this stage.
Legal Topics
Sexual Harassment, Vicarious Liability, Jurisdiction Under Sex Discrimination Act 1975
Employment Law Discrimination Law Sexual Harassment Vicarious Liability Jurisdiction Under Sex Discrimination Act 1975

Case Brief

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Parties

Ms Stubbs

Applicant

Chief Constable of Lincolnshire Police

Appellant

Detective Sergeant Walker

Respondent

Mr Taylor

Respondent

Chief Constable of North Yorkshire Police

Respondent

Procedural Posture

Employment Appeal / Preliminary Directions Before Full Hearing of Consolidated Appeals

Legal Issues

  1. 1 Whether Lincolnshire Police are responsible for acts of Mr Walker under s.17 Sex Discrimination Act 1975
  2. 2 Whether certain incidents occurred in the course of Mr Walker's employment under s.41 Sex Discrimination Act 1975

Ratio Decidendi

The appeals raise arguable points of law regarding the correct respondent under s.17 and the scope of employment under s.41; both issues require full hearing with agreed facts and relevant evidence identified.

Court Disposition

Directions given for preparation of agreed statement of facts and consolidation of appeals; no final determination on merits at this stage.

Orders

  • Parties to prepare agreed statement of facts.
  • Parties to lodge joint application identifying relevant witnesses and evidence for s.17 issue by 17th January 1998.