Legal bid by superintendents’ association fails in High Court
The regulation used by police forces to push through the mandatory retirement of officers is not unlawful, the High Court has ruled.
A legal challenge had been brought by the Police Superintendents’ Association for England and Wales (PSAEW), after the ‘A19’ rule was used to forcibly retire three of its members in the Bedfordshire constabulary in 2011.
Implementation of the previously little used A19 pensions regulation became widespread that year, after police forces across the country were faced with huge budget cuts and legally unable to make officers redundant.
The A19 regulation meant that officers with 30 years of service could be forcibly retired – but the PSAEW argued in court that the move had not resulted in any major cost savings.
The PSAEW said in a statement that it was “disappointed” by the High Court’s ruling and would be studying the judgment in greater detail before making a decision on whether to appeal.
Vince Hislop, assistant chief officer of Bedfordshire Police, told the BBC that although the court had ruled in his force’s favour “it would be wrong to comment” while the PSAEW had yet to decide whether to challenge the judgment.
Yesterday’s High Court ruling clears the way for five related employment tribunal cases to proceed.
The test cases – brought on behalf of 250 officers who were forced to retire – involve police forces in Nottinghamshire, West Midlands, Devon and Cornwall, North Wales and South Wales, who are all accused of age discrimination.
The government announced in October 2010 that it intended to cut its funding for police forces by 20 per cent by 2015.