Compulsory retirement of police officers under rule A19 was unlawful

Five police forces could face paying out millions of pounds after officers who were forced to retire after 30 years service won an age discrimination claim.

An Employment Tribunal has ruled that five police forces acted unlawfully when using regulation A19 of the Police Pension Regulations 1987 requiring the compulsory retirement of officers with 30 years service to meet budget cuts imposed by the Government.

Under regulation A19, a police authority may require an officer of the rank of chief superintendent or below to retire if it considers their retention is not ‘in the general interests of efficiency of the force’.  This is on the basis that the officer has sufficient service to qualify for a pension of at least 2/3 of their average pensionable pay.

A large number of officers brought age discrimination claims in the Employment Tribunals.  Five test cases from Nottingham, Devon and Cornwall, West Midlands, North Wales and South Wales were heard together.  The London Central Employment Tribunal held that the police forces’ use of regulation A19 was not justified and amounted to unlawful indirect discrimination.

In response to this Judgment, Deputy Chief Constable Dave Thompson said ‘We note the decision of the employment tribunal and need some time to consider our position going forward.  We are actively considering an appeal and therefore unable to comment further at this time’.

The police forces have 42 days to appeal against the Tribunal’s decision.

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Kate Garrett

Solicitor & Head of Employment Team

0121 693 2222 or email Kate
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