Elliot Gold KC and Aaron Rathmell in separate Employment Tribunal judgments regarding judicial immunity and claims against dismissal of police officers following the European Union (Withdrawal) Act 2018.
12th October 2026
Elliot Gold KC appeared for the Mayor’s Office for Policing and Crime in a successful application for reconsideration in the Employment Tribunal, which ultimately accepted that Police Appeals Tribunals are free-standing statutory tribunals whose chairs hold judicial office, distinct from police misconduct panels and independent of chief officers. The Employment Tribunal therefore had no jurisdiction to determine a discrimination claim against the PAT, whose members benefit from judicial immunity and privilege. The claimant officer’s claim against the Mayor’s Office for Policing and Crime was therefore dismissed.
Aaron Rathmell appeared for the Chief Constable of West Midlands Police in two discrimination claims, regarding Accelerated Misconduct Hearings which had resulted in the dismissal of the two claimant police constables. Aaron submitted on behalf of the Chief Constable that, following the European Union (Withdrawal) Act 2018, the law regarding judicial immunity for statutory police misconduct decision-makers applied (Heath v Commissioner of Police of the Metropolis 2004) rather than the case of P v Commissioner (2017) which had effectively dis-applied Heath so as to conform to EU law. The Chief Constable’s position was accepted, and the discrimination claims were struck out, as judicial immunity applied to the decisions to dismiss the officers.
A link to the first judgment can be found here.
A link to the second judgment can be found here.
Back to index