Ex-police officer had a fair tribunal hearing

In Power v Greater Manchester Police Authority [EAT/0087/10], Ms Joyce wrote a letter to Mr Power stating that his psychic beliefs (e.g. being able to contact people after their deaths) were not compatible with his employment as a police officer.

Mr Power was dismissed and he claimed that his dismissal amounted to unlawful religious/belief discrimination. However, Ms Joyce did not attend the tribunal hearing as a witness for the employer.

Mr Power claimed that his right to a fair trial under the Human Rights Act 1998 (HRA) had been breached since he was unable to cross-examine Ms Joyce at the tribunal hearing.

The EAT disagreed. Mr Power’s right to cross-examine Ms Joyce (or his accuser) under Art. 6(3)(d) of the HRA 1998 applied to criminal cases and not to discrimination cases.

Comment

In Greater Manchester Police Authority v Power [EAT/0434/09], the EAT held that Mr Power’s psychic beliefs was a religion/belief under the Employment Equality (Religion or Belief) Regulations 2003.

Also see Power v Greater Manchester Police Authority [EAT/0087/10].