Police win A19 discrimination case against former officers

police,crime

Nottinghamshire Police were found not guilty of discrimination against older officers after more than 100 officers were forced to retire.

An employment tribunal appeal called that Nottinghamshire Police was not guilty of unfairly dismissing officers with the force’s use of regulation A19, which required officers with more than 30 years service to retire.

The Superintendents’ Association of England and Wales and the Police Federation brought action against five forces including Nottinghamshire Police.

Almost 100 officers left Nottinghamshire Police between April 2011 and March 2012.

An employment tribunal held last year, heard from four former Nottinghamshire officers who were made to retire because of A19.

The tribunal found that as a result of using regulation A19, the forces had breached age discrimination laws. However, all five forces challenged this decision which has now been overturned.

The employment appeal tribunal found that the use of A19 was lawful.

From the outset we had sought expert legal advice and were confident our use of the regulation was lawful and fair.

Chief Constable Chris Eyre.

Chief Constable Chris Eyre said: “This has been a lengthy process during which all parties involved have had an opportunity to explore the complicated legal issues that surround this regulation and the particular circumstances of each of the forces involved in the litigation.

“It was a very difficult decision which resulted in us losing some very experienced, committed and able police officers.

“We knew that this would have a significant impact on people who had dedicated themselves to serving this force and the people of Nottinghamshire for many years, but we felt there was no viable alternative to meet the enormous financial challenges we faced then, and continue to face.

 

We welcome the findings of the appeal tribunal which has not upheld the original finding that deemed the use of regulation A19 unlawful.

Chief Constable Chris Eyre.

As the decision has been over turned the force will not have to pay millions of pounds worth of compensation claims.

Police and Crime Commissioner, Paddy Tipping said: “It has been a difficult process and I am pleased that it has been resolved and makes the financial position of Nottinghamshire Police more secure.

“However, I do recognise the distress and difficulty this caused the officers involved.”