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[Employment Law List] Liversidge

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I have been asked to see if any solicitors whose clients' cases have been adversely affected by the decision in Liversidge would like to get together to consider their options.

As those involved in discrimination claims against the police will know, last month the Court of Appeal decided in Chief Constable of Bedfordshire Police v Liversidge that the Race Relations Act (and, by analogy, the Sex Discrimination Act) did not permit claims to be be brought against a Chief Constable in respect of harassment of one police officer by another. To put it another way, Chief Constables are not vicariously liable for harassment by police officers against police officers.

This drafting omission in the Race Relations Act has been corrected. It has not been corrected in the Sex Discrimination Act. 

There are 86 cases under the RRA which are affected by the decision in Liversidge. It is not known how many cases will be affected under the SDA, but it is likely to be considerably more.

I have been asked by a solicitor to enquire whether any people representing police officers whose claims will be struck out because of Liversidge would like to co-operate, possibly in considering taking the matter to the House of Lords or possibly to consider other options.

If you are representing a client whose claim has been affected by Liversidge, and would like to be put in touch with other solicitors in the same position, send me an Email at ?subject=Liversidge with your details (including the name of the case and the tribunal in which it is due to be heard). I will collate the responses and distribute them to those who have replied.