The long awaited Employment Tribunal judgment concerning multiple age discrimination claims by former officers of 5 police forces across England and Wales - Devon and Cornwall, Nottinghamshire, West Midlands, North Wales and South Wales - has been delivered. The London Central Employment Tribunal has unanimously held, in relation to each of the forces concerned, that the compulsorily retirement of officers with 30 years’ service could not be “justified” within the meaning of the Equality Act 2010.
Over 170 officers made claims. Test cases were selected and evidence and submissions were heard over a 6 week period.
The case concerned the reliance by each of the relevant Police Authorities on Regulation A19 of the Police Pensions Regulations. Each force conceded that the compulsory retirement of officers who had accrued 2/3 pensionable service amounted to the application of a provision, criterion or practice, (“PCP”), which constituted a detriment consisting of dismissal, which was itself prima facie indirect discrimination on the grounds of age. Each force also contended, however, that its treatment of the relevant officers was lawfully “justified” within the meaning of the Equality Act.
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