A19 lawful, rules appeal tribunal

The Employment Appeal Tribunal has ruled the use of Regulation A19 to forcibly retire hundreds of officers was lawful.

Regulation A19 applies to all police officers below chief officer rank and allows them to be forcibly retired if their retention “would not be in the general interest of efficiency” and they have served 30 years or more.

West Midlands Police, Nottinghamshire Police, Devon and Cornwall Police, North Wales Police and South Wales Police brought the appeal after the London Central Employment Tribunal last year found their use of Regulation A19 to be “not a proportionate means of achieving a legitimate aim”.

The forces had used the regulation to meet budget cuts; use of the rule has saved the police service £66 million in wages nationally.

Had the forces lost their appeal, they could have been forced to pay substantial amounts in compensation. The officers involved in the action will now decide whether to appeal to the High Court.

Chief Superintendent Tim Jackson, National Secretary of the Police Superintendents’ Association of England and Wales, which brought the original action against the use of Regulation A19, said: “We are disappointed with today’s result. It is our view that it was never intended that Regulation A19 should be used en masse and that, if used in such a way, it would be discriminatory and potentially unlawful.

“We supported this legal action as we believed that Regulation A19 was unfairly and unlawfully applied to our former members and led to the premature and discriminatory loss of their livelihoods.

“However, the decision of the Appeal Tribunal does not concur with this and we respect this view.”

West Midlands Police Deputy Chief Constable Dave Thompson said: “We welcome the findings of the Employment Appeal Tribunal. However, there are no winners in this situation and I recognise the impact A19 had on our police family and that some individuals may have left the force earlier than they would otherwise have chosen to.

“We are operating in a very difficult financial landscape, and we have to do all we can to balance the books, while seeking to maintain an efficient and effective service.

“The difficult financial challenges have not gone away and as an organisation we have made huge strides in the way we have reshaped the force for the future.”

Devon and Cornwall Chief Constable Shaun Sawyer said: “I welcome the decision by the Employment Appeal Tribunal, however, there are no winners in this situation. I recognise the impact that A19 had on our police family and that many individuals may have left the force earlier than they would have chosen to and in difficult circumstances.”

Police and crime commissioner (PCC) for the region, Tony Hogg, added: “I am pleased that the court has made this decision. We have consistently argued that the A19 actions taken by the police authority were legal. If this case had been lost, it risked damaging policing in Devon and Cornwall.

“I welcome the court’s ruling that this claim was not valid, meaning that millions of pounds of public money is not diverted from its proper purpose – keeping people safe.”

However, Devon and Cornwall Police Federation’s Joint Branch Board said it was “very disappointed that the original finding has been overturned”.

“This decision does give forces continued legitimacy to reduce police officer numbers using Regulation A19 for those who are in the 1987 police pension scheme,” it added. “It is worrying that the most experienced officers can be lost within any force in order to save money rather than balanced against the service provided to the public.”

Nottinghamshire Police Chief Constable Chris Eyre also welcomed the decision: “This has been a lengthy process during which all parties involved have had an opportunity to explore the complicated legal issues that surround this regulation and the particular circumstances of each of the forces involved in the litigation.

“It was a very difficult decision which resulted in us losing some very experienced, committed and a