The actions of 5 police forces in
England and Wales - Devon and Cornwall, Nottinghamshire, West Midlands, North Wales and South Wales - in compulsorily retiring officers with 30 years’ service, are the subject of scrutiny by an Employment Tribunal considering over 170 claims of indirect age discrimination by officers who were forced out of service.
The case concerns the reliance by each of the relevant Police Authorities on Regulation A19 of the Police Pensions Regulations. Each force concerned concedes that the compulsory retirement of the relevant officers amounted to the application of a provision, criterion or practice, (“PCP”), which amounted to a detriment consisting of dismissal, which was itself prima facie indirect discrimination on the grounds of age. Each force also contends, however, that its treatment of the relevant officers was lawfully “justified” within the meaning of the Equality Act.
Paul Gilroy QC acts for affected members of the Police Superintendents' Association, including all affected officers of the rank of Superintendent and Chief Superintendent.
The Hearing is set to last 5 weeks. See attached link to BBC News item on the opening of the case. http://www.bbc.co.uk/news/uk-england-cornwall-21463160