Sex - employment - constable's allegation of discriminatory acts by fellow officers - claim against chief constable not to be struck out

Chief Constable of Kent County Constabulary v Baskerville: CA (Sir Andrew Morritt Vice-Chancellor, Lord Justice Peter Gibson and Lord Justice Kay): 3 September 2003

The applicant, a female police constable, alleged that she had been subjected to acts of discrimination contrary to the Sex Discrimination Act 1975, by fellow police officers.

The chief constable sought to have the applicant's claim against him struck out on grounds that it was misconceived.

The employment tribunal refused to make an order and the Employment Appeal Tribunal dismissed the chief constable's appeal.

The chief constable appealed.

John Cavanagh QC and Sophie Garner (instructed by the County Secretary, Kent County Council, Maidstone) for the chief constable; Robin Allen QC and Michael Ford (instructed by Russell Jones & Walker) for the applicant.

Held, dismissing the appeal and remitting the case for rehearing by the employment tribunal, that the Equal Directive 76/207/EEC, provided an obligation in community law in respect of sex discrimination applicable to all persons engaged in a work relationship with someone in a position to direct work and cause payment to be made; that that obligation required the relationship between the applicant and the chief constable to be approached by giving a purposive construction to sections 17(1) and 41(2) of the 1975 Act, so as to include acts done by fellow officers with implied authority from the chief constable; and that, having considered section 10 of the Police Act 1996, it was clear that the employment tribunal had jurisdiction to hear the applicant's claim against the chief constable that alleged discriminatory acts against her by fellow officers.