Tribunal hears officers forced out by "financial tsunami"

An employment tribunal taking place this week in London has heard police officers from Devon and Cornwall were forced out of their jobs after 30 years of service by a "financial tsunami" triggered by a Government funding review.

The Police Federation said: "134 compulsorily retired ex-Devon & Cornwall Police Officers have each taken individual actions against the Police for discriminatory dismissal, having been forcibly retired under Regulation A19 of Police Pension Regulations 1987.

"The ex-police officers’ action is based on their contention that they were indirectly discriminated against by virtue of age contrary to the Equality Act 2010, having been compulsorily retired because they had 30 years’ pensionable service.

"They are joined by ex-Officers from four other forces including Nottingham, West Midlands, North Wales and South Wales including twenty two claims brought by Superintendent ranked ex officers, supported by the Superintendents Association."

Nigel Rabbitts, Chairman of Devon & Cornwall Police Federation says, “These officers, the most experienced in the Constabulary, believe they were fundamentally treated unfairly. There are complicated points of law but we feel the use of Regulation A19 was unlawful and not in the interest of providing an efficient police service.”

Devon & Cornwall Police have said "Along with a number of other forces, Devon and Cornwall Police has required a number of Police officers to retire in the general interests of efficiency.

"This is in accordance with a power, set out in rule A19 of the Police Pensions Regulations 1987.

"The compulsory retirements took place as part of a number of efficiency changes which have been introduced by the Force in light of the funding reductions which resulted from the Comprehensive Spending Review.

"These steps were taken in order to maintain and improve Police services in Devon and Cornwall.

"Under Regulation A19, only officers who have already qualified for a full, two-thirds pension can be required to retire in this way.

"Devon and Cornwall Police have at all times acted in accordance with legal advice and are vigorously defending the claims.

A number of officers also made a separate claim against the Force that it had failed to properly consult with them prior to relying on A19 to compulsory retire them from the service. This claim has already been turned down by the Employment Tribunal in a separate earlier hearing."

Chief Constable Shaun Sawyer, who was deputy chief constable of the force at the time, has admitted that A19 was "indirectly discriminatory" on grounds of age and that legal advice was taken to make sure its use was "justified".

Mr Sawyer said in a statement to the tribunal: “Reducing the number of police officers went against every fibre of what was, for me, 25 years of policing.

“However, we felt that it was necessary to achieve the most efficient and effective force we could in light of the budget available to us.

“I have great pride in the force. We have lost some excellent officers.

“But this was about efficiency and effectiveness. This was the decision, and I still maintain the only one that could be taken.”