The Commissioner of Police of the Metropolis v Denby [2017]

The Claimant was a police officer who was placed under investigation by the Department for Professional Standards (DPS) for criminal and/or gross misconduct. Conversely, a female officer who performed the same role and was placed under investigation for similar misconduct had complaints against her dealt with locally. The Claimant successfully argued sex discrimination at the Employment Tribunal.

The Employment Appeal Tribunal dismissed the appeal and held that the Employment Tribunal had properly applied the burden of proof provisions, properly evaluated the evidence and there was no procedural unfairness. Of the four points of appeal, one that the EAT had to consider was interpretation of