Forced police retirement ‘was lawful’ More than 600 West Midland officers were pensioned off
FORMER West Midlands Police officers have lost an appeal against the decision to force them to retire under controversial cost-cutting measures.
Five forces, including the West Midlands, forced out more than 1,300 experienced officers with 30 years’ service by applying Pension Regulation A19 in 2010.
A 2014 Employment Tribunal found its use amounted to indirect discrimination, but the judgment was overturned by the Employment Appeal Tribunal (EAT) the following year. The Police Superintendents’ Association of England and Wales (PSAEW) along with a number of officers and former officers, lodged an appeal against the EAT’s verdict in 2015.
But the Court of Appeal has dismissed the case and ruled that the use of Regulation A19 was lawful.
Between 2010 and 2013 West Midlands Police imposed Pension Regulation A19 to force 600 of its officers out in its bid to deal with huge budget cuts imposed by central government.
The move terminated the careers of hundreds of police under the rank of chief officer who served for 30 or more years. PSAEW national secretary Tim Jackson said he was “disappointed” with the verdict and claimed the regulation was “unfairly and unlawfully” applied.
“On this basis, as a staff association it is our duty to support our former members who were affected by the mass use of Regulation A19,” he said.
“These were very experienced police officers who still had much to contribute to policing and who felt they were treated unfairly in being forced to retire even though they were able, and willing, to serve their communities for years to come.
“We felt the case raised important issues concerning age discrimination, affecting not only police officers but the public as a whole.”
The PSAEW said it would wait for the final written judgment before deciding on any further action.
West Midlands Chief Constable Dave Thompson said: “I am pleased the Court of Appeal has supported the decision on our use of the A19 regulation which was regrettable but unavoidable. I am sorry some staff had their policing careers ended early.
“The proceedings were brought by the Superintendent’s Association of England and Wales but were not supported by the West Midlands Branch nor by the Police Federation of England and Wales.
“I am disappointed, as I am sure many leaders are, that an organisation representing senior leaders felt such proceedings were appropriate particularly given the ruling in the Employment Appeals Tribunal.”