The Industrial Cases Reports
[2022] ICR 606
Court of Appeal
Eckland
v
Chief Constable of the Avon and Somerset Constabulary
[2021] EWCA Civ 1961
2021 Nov 23;
2022 Jan 7
2022 Jan 7
Underhill, Coulson, Carr LJJ
Police— Misconduct panel— Liability of chief constable— Police officer claiming dismissal by misconduct panel constituting disability discrimination— Whether having right to bring claim concerning panel’s acts against chief constable before employment tribunal— Whether Supreme Court authority giving such right distinguishable as decided under earlier Regulations— Whether statutory remedy against panel itself equivalent to right to bring tribunal claim against chief constable— Whether Supreme Court authority not binding for failure to acknowledge such remedy—
Equality Act 2010 (c 15), ss 29(6), 39(2)(c)(d), 42(1)(a)
Judicial precedent— Supreme Court decision— How far binding— Supreme Court interpreting domestic statutory provision so as to provide claimant remedy for breach of rights under European Directive satisfying effectiveness and equivalence principles— Supreme Court decision assuming unavailability of alternative remedy— Party arguing existence of alternative remedy within statute— Whether Court of Appeal remaining bound by Supreme Court decision