Forced Retirement Case – Police Officers Landmark Age Discrimination Win

South Wales, North Wales, West Midlands, Nottinghamshire, Devon and Cornwall could face a payout of millions of pounds after forcing officers to retire after 30 years. In this landmark case, a London Central Employment Tribunal made the ruling on behalf of 250 officers forced to retire under regulation A19. This regulation says that those below chief officer rank could be required to retire after 30 years, “in the general interests of efficiency.”

This regulation had previously been ruled lawful by the High Court last year, but was criticised by members of the Police Superintendents’ Association for England and Wales (PSAEW.) They argued that the retiring of older officers would not result in major savings.

As the government had announced following a spending review in October 2010 that it was cutting police funds, Nottinghamshire Chief Constable Chris Eyre argued that,

“It was necessary for the police authority to consider the use of regulation A19 as a  result of the wide-ranging austerity measures affecting public services.”

He also argued that,

“This was a very difficult decision for the authority and one which was taken after extensive consultation with officers who had 30 years’ pensionable service and the relevant staff associations,” and that, “had there been other viable alternatives the police authority would not have made the difficult decision to implement A19.”

Therefore, Deputy Chief Constable Dave Thompson of West Midlands Police has said that the police force are “actively considering,” an appeal. They now have 42 days to appeal this decision or they may face a bill for millions in compensation. Thompson has also stated that, “we note the decision of the employment tribunal and need some time to consider our position going forward.”

Following the tribunal result, Nottinghamshire Police Federation secretary Mick Taylor said both he and the officers involved had been “vindicated.”

PSAEW’s national secretary Graham Cassidy commented that:

“the decision is the culmination of a substantial amount of work from all those involved, including the former officers, their families, and all those who supported them throughout what was a devastating period in their lives. Although we are pleased with the result, nothing can make up for the loss to the country of hundreds  of experienced officers whose careers were cut short unnecessarily via discriminatory means.”

It will be interesting to see what will happen should the Police Force follow through with an appeal.