The Supreme Court has handed down judgment today in P v The Commissioner of Police of the Metropolis  UKSC 65.
The case concerned the right of police officers to bring claims of discrimination in the Employment Tribunal where the conduct complained of is that of persons conducting misconduct hearings.
The Supreme Court (Lord Reed giving the leading judgment) unanimously held that police officers have a directly effective right under EU law to bring such claims.
The Court of Appeal’s reasoning to the contrary in Heath v Commissioner of Police of the Metropolis  ICR 329, in respect of EU law, was wrong.
The result is that the Supreme Court has opened the door to police officers to bring claims of discrimination in the Employment Tribunal following police misconduct panel proceedings.
By opening that door, the Supreme Court has overturned over a decade of earlier Court of Appeal authority that such claims were precluded by the panel’s immunity from suit.
The Supreme Court’s judgment demonstrates the power of workers’ rights enshrined in the EU Directives when it comes to breaking down barriers to access to justice.
A link to the Supreme Court’s judgment and press summary can be found HERE.
Ed Kemp has acted for P at all stages of the discrimination proceedings since 2013, instructed by Slater & Gordon (UK) LLP. Ed was led in the Court of Appeal and Supreme Court by Karon Monaghan QC.
This is Ed’s second victory in the Supreme Court having been junior counsel for the successful appellant in Verma v Barts and the London NHS Trust  ICR 727.