Equality Act 2010, section 42

Identity of employer

Part 5 Work

(1)For the purposes of this Part, holding the office of constable is to be treated as employment—

(a)by the chief officer, in respect of any act done by the chief officer in relation to a constable or appointment to the office of constable;

(b)by the responsible authority, in respect of any act done by the authority in relation to a constable or appointment to the office of constable.

(2)For the purposes of this Part, holding an appointment as a police cadet is to be treated as employment—

(a)by the chief officer, in respect of any act done by the chief officer in relation to a police cadet or appointment as one;

(b)by the responsible authority, in respect of any act done by the authority in relation to a police cadet or appointment as one.

(3)Subsection (1) does not apply to service with the Civil Nuclear Constabulary (as to which, see section 55(2) of the Energy Act 2004).

(4)Subsection (1) does not apply to a constable at [F49NCAF49][F50 or SPAF50] .

(5)A constable at [F49NCAF49] or [F51SPAF51] is to be treated as employed by it, in respect of any act done by it in relation to the constable.

(6)F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 42 6

Employment

(2) “Employment” means—

(a)employment under a contract of employment, a contract of apprenticeship or a contract personally to do work;

(b)Crown employment;

(c)employment as a relevant member of the House of Commons staff;

(d)employment as a relevant member of the House of Lords staff.

Defined in s.83(2) · see it in the full Act

“employment” and related expressions are (subject to subsection (11)) to be read with section 83;

Defined in s.212(1) · see it in the full Act
Chief officer

(2) “Chief officer” means—

(a)in relation to an appointment under a relevant Act, the chief officer of police for the police force to which the appointment relates;

(b)in relation to any other appointment, the person under whose direction and control the body of constables or other persons to which the appointment relates is;

(c)in relation to a constable or other person under the direction and control of a chief officer of police, that chief officer of police;

(d)in relation to any other constable or any other person, the person under whose direction and control the constable or other person is.

Defined in s.43(2) · see it in the full Act
Responsible authority

(3) “Responsible authority” means—

(a)in relation to an appointment under a relevant Act, the local policing body or police authority that maintains the police force to which the appointment relates;

(b)in relation to any other appointment, the person by whom a person would (if appointed) be paid;

(c)in relation to a constable or other person under the direction and control of a chief officer of police, the local policing body or police authority that maintains the police force for which that chief officer is the chief officer of police;

(d)in relation to any other constable or any other person, the person by whom the constable or other person is paid.

Defined in s.43(3) · see it in the full Act
Police cadet

(4) “Police cadet” means a person appointed to undergo training with a view to becoming a constable.

Defined in s.43(4) · see it in the full Act
NCA

(5) “NCA” means the National Crime Agency; and a reference to a constable at NCA is a reference to a constable seconded to it to serve as an NCA officer.

Defined in s.43(5) · see it in the full Act
SPA

(5A) “SPA” means the Scottish Police Authority; and a reference to a constable at SPA is a reference to a constable serving as a member of its staff by virtue of paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012 .

Defined in s.43(5A) · see it in the full Act

Cases considering section 42 13

P v Commissioner of Police of the Metropolis

[2017] UKSC 65 · 25 October 2017Interprets

Must be interpreted conformably with the Framework Directive as treating relevant acts of persons conducting police misconduct proceedings as acts in respect of deemed employment by the chief officer. That construction displaces any judicial-immunity bar to the discrimination claim. (see paras [31]-[35]; [38])

Nicholas Eckland v Chief Constable of the Avon and Somerset Constabulary

[2021] EWCA Civ 1961 · 7 January 2022Interprets

The court treated the statutory deeming provision as the vehicle for attributing misconduct-panel acts to the chief officer for Part 5 discrimination claims, subject to a conforming interpretation. (see paras [25]-[31]; [46]-[47]) Section 42(1)(a) was interpreted conformably so that acts and omissions of a police misconduct panel were treated as acts of the chief officer for disability discrimination claims. The construction applied under the amended regulatory regime. (see paras [26]-[31]; [46]-[47])

Ali v Capita Customer Management Ltd (Rev 2)

[2019] EWCA Civ 900 · 24 May 2019

Section 42 treated the office of constable as employment for the relevant Part 5 equality provisions. The Court accepted that the discrimination provisions applied to Mr Hextall. (see para [84])

4 more judgments, and what each says about section 42, are in the case-law panel in the full Act.

Explanatory note

149.This section provides that police constables and police cadets are treated as employees for the purposes of this Part of the Act. It identifies the relevant employer as either the chief officer (or, in Scotland, the chief constable) or the responsible authority as defined in section 43, depending on who commits the act in question.

150.Constables serving with the Civil Nuclear Constabulary are treated as employees of the Civil Nuclear Police Authority.

151.A constable seconded to the Serious Organised Crime Agency (SOCA) or Scottish Police Services Authority (SPSA) is treated as employed by SOCA or SPSA.

152.A constable at the Scottish Crime and Drugs Enforcement Agency (SCDEA) is treated as employed by the Director General of SCDEA.

153.This section is designed to replicate the provisions in previous legislation and extends coverage to constables at SPSA and SCDEA. It also removes the requirement to pay out of police funds compensation and related costs arising from the personal liability of chief officers (or in Scotland, chief constables) for acts which are unlawful under the Act. Payments of compensation and related costs arising from the personal liability of chief officers (or in Scotland, chief constables) will instead be dealt with by the Police Act 1996 and the Police (Scotland) Act 1967, as for all other police officers.

All the explanatory notes for the Act

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F49Word in s. 42(4)(5) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 181; S.I. 2013/1682, art. 3(v)
  2. F50Words in s. 42(4) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(2)(a)
  3. F51Word in s. 42(5) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(2)(b)
  4. F52S. 42(6) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 26, Sch. 2 para. 63(2)(c)