(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 NCA or SPA .
(5)A constable at NCA or SPA is to be treated as employed by it, in respect of any act done by it in relation to the constable.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cases considering section 42 13
[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])
[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])
[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.
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.