“… That statement was the subject of some discussion in the later decision of this Court in Chief Constable of Lincolnshire Police v Caston [2009] EWCA Civ 1298, [2010] IRLR 327 (per Wall LJ at paras. 24-25 and Sedley LJ at para. 31), but it is not a ground of appeal that the Judge’s reference to that statement constituted a misdirecti…”
“…3(1)(b) and its predecessor provisions. We were referred to the decision of this court in Chief Constable of Lincolnshire Police v Caston [2009] EWCA Civ 1298, [2010] IRLR 327, in which Sedley LJ said at paragraph 31:…”