Commisioner Of Police Of The Metropolis v Maxwell - Not necessary to go through two stage process set out in Igen v Wong for every complaint [2013] EAT

It is not necessary to go through the two stage process set out in Igen v Wong in relation to every complaint

The ET held that the Commissioner of Police was liable in respect of unlawful discrimination by way of direct discrimination, harassment and victimisation on grounds of race and sexual orientation in respect of a large number of complaints raised by Mr Maxwell in two claims that were heard together. Mr Maxwell, a detective constable, is mixed race and gay.

The Commissioner appealed a number of findings on 17 grounds. The common threads of appeal were whether the ET erred in three respects: first, by failing to set out the primary facts with clarity so that the validity of the inference can be examined (in accordance with the judgment of the CA in Chapman v Simon [1994] IRLR 124); second by wrongly causing or permitting the burden of proof to transfer; and third, by failing to establish a prima facie case that treatment was on grounds of a prescribed characteristic, before permitting the burden of proof to transfer (in accordance with the judgment of the CA in Madarassy v Nomura International plc [2007] ICR 867). In addition there were limitation appeals.

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