Eckland v Chief Constable of the Avon and Somerset Constabulary

Subject Matter

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)

[2021] EWCA Civ 1961; [2022] ICR 606; [2022] WLR(D) 15, CA

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

[2021] EWCA Civ 1961; [2022] ICR 606; [2022] WLR(D) 15, CA

Appellate History