Police Misconduct Panels Immune from Discrimination Claims

Thanks to Rad Kohanzad of Serjeants’ Inn Chambers for preparing this case summary Can a police officer bring a claim against a Police Misconduct Board for discriminating against her? No, held the Court of Appeal in P v The Commissioner of Police for the Metropolis. The Claimant, a serving Police Officer, suffered post-traumatic stress disorder (PTSD) as a result of an assault suffered at work. Whilst in drink, she was involved in an incident which led to her arrest and dismissal, which she contended arose in consequence of her PTSD. She claimed that, in dismissing her, the Police Misconduct Board discriminated against her by treating her unfavourably for something arising in consequence of her disability, and failing to make reasonable adjustments. The Court of Appeal dismissed the appeal, upholding the decisions of the employment tribunal and EAT that the Police Misconduct Board was a judicial body and therefore enjoyed immunity from suit. This does not, of course, prevent a police officer from bringing a discrimination or whistleblowing claim against their Chief Constable.