Pump Court Chambers

Police officer reinstated on appeal

News 30th March 2015

Colin Banham has successfully represented a Metropolitan Police Officer at the Police Appeals Tribunal following an original outcome of dismissal with notice under the Police (Performance) Regulations 2012. It was argued, on behalf of the appellant, that there was a duty for a Stage 3 meeting under the 2012 Performance Regulations to consider ill-health retirement before dismissing an officer for incapacity. It was further submitted, analogous to the case of First Great Yorkshire Ltd. t/a First Leeds v Haigh (2008) IRLR 182, that fairness required the Stage 3 meeting to take reasonable steps to ascertain whether the employee is entitled to the benefit of a more generous ill-health retirement scheme, before dismissing for long-term sickness. The appeal was allowed on both grounds as the panel held that a reasonable decision would have been to adjourn in order for the SMP to reconsider the question of whether ‘disablement [was] likely to be permanent’ (Reg. H1(2)(a) of the Police Pensions Regulations 1987). The Officer’s pay was reinstated from the date of her dismissal.

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