Probation officer loses discrimination appeal

A PROBATION officer who claimed a public sector pay freeze discriminated against him due to his age has lost a Court of Appeal challenge.

Craig Heskett alleged that reforms introduced by the coalition government in 2010 in response to the financial crisis disadvantaged younger employees such as himself because it would take him longer to move up the pay scale than older colleagues. In February 2016, at the age of 38, Mr Heskett took his case to an employment tribunal, arguing that he had been indirectly discriminated against due to his age under equality laws.

But in July 2017, the tribunal dismissed Mr Heskett’s claim, finding that, while the pay progression scheme did have an impact on pay increases, the policy was justified as it was introduced by Mr Heskett’s employer, the then National Offender Management Service ( Noms), for legitimate aims and was a proportionate short- term response to the financial situation due to the Government’s public sector pay freeze.

Noms was replaced in April 2017 by Her Majesty’s Prison and Probation Service ( HMPPS).

Mr Heskett took his case to the Court of Appeal after the tribunal’s decision was upheld by an employment appeal tribunal.

But in a ruling yesterday, Lord Justice Underhill, sitting with Lord Justice McCombe and Lady Justice Macur, unanimously dismissed his appeal. His lawyers had argued that the tribunal’s decision was wrong in law and the pay policy was not justifiable.