The Supreme Court has held an employment tribunal has jurisdiction to consider a dismissal by a police misconduct tribunal.
The claimant had suffered PTSD after being assaulted while serving as a police officer. She was subsequently involved in an incident which led to her arrest. She said her behaviour was related to her PTSD. She was put on a disciplinary charge, and a misconduct panel imposed the sanction of dismissal without notice. She made an employment tribunal claim for disability discrimination.
The Supreme Court held in P v Commissioner of Police of the Metropolis www.bailii.org/uk/cases/UKSC/2017/65.html that the employment tribunal should be allowed to hear the claim.
The wording of the Equality Act does not provide for a tribunal claim against actions of a police misconduct tribunal. It was also argued that the tribunal has judicial immunity.
The Supreme Court held that the EU law required that she be given an ‘effective’ and ‘equivalent’ remedy for disability discrimination. The Equality Act must, despite its wording, be re-interpreted to allow an employment tribunal claim against dismissal by a police misconduct panel, so far as the acts complained of fall within the scope of the EU Framework Employment Directive 2000/78/EC.