Absolute immunity

Case 15: The facts

When Mr Hasan's service as a police constable was ended during his probationary period, he claimed racial and religious harassment and discrimination. The police argued that he was not entitled to pursue his claims under the legal principle of "absolute immunity", which prevent people from bringing civil proceedings against a body if they have already been the subject of judicial or semi-judicial proceedings.

The ruling

The Employment Appeal Tribunal held that Hasan could pursue his claim as the proceedings carried out by the police were not judicial. For absolute immunity to apply, the proceedings would have had to be similar to the proceedings in a court or tribunal, and they were not: the hearing was not adversarial; there were no witness statements, oral evidence or cross examination; there were no rules about the burden and standard of proof; and the Assistant Commissioner who heard the case was not obliged to give reasons for his decision.

Hasan v Commissioners of Police of the Metropolis EAT/0437/06