Superintendents made redundant through A19 were replaced by promoted officers in the same rank, staff association says.
Regulation A19 has been applied to superintendents to make efficiency savings – even though they have been replaced by newly promoted officers in the same rank, the Police Superintendentsâ€™ Association has said.
As the Association prepares to represent 22 members at an employment tribunal next week claiming the use of A19 constitutes indirect age discrimination, National Secretary Graham Cassidy said its application in forces appeared to contradict the purpose of using it.
He said in almost all the cases being represented, the officers had consequently been replaced in their forces by newly promoted superintendents or chief superintendents.
â€œThey will be on a slightly lesser wage but the point is there isnâ€™t much difference,â€ Mr Cassidy added.
â€œThe difference in experience, however, will be considerable.â€
The former superintendents making the claims were all under 50 years of age when they were made the subject of A19.
They were serving superintendents from across five forces – West Midlands Police, North Wales, South Wales, Nottinghamshire and Devon and Cornwall.
Only West Midlands Police is continuing its use of A19 while the tribunal prepares to convene, Mr Cassidy said.
He added: â€œThe individuals concerned have had a miserable time â€“ it is not how they had wanted to finish their careers.â€
Additionally two more officers from Cleveland Police are set to register claims at tribunal â€“ but will await the result of the six test cases which will be heard from next week in London. There are a further two officers from West Midlands also looking to register claims, Mr Cassidy said.
If the test cases are successful, it is hoped that the chief constables at the forces concerned will agree to settle with the remaining superintendents and stop their use of A19.
Mr Cassidy said the superintendents had initially wanted to return to work but have since been out of the service for two years.
He said: â€œThey werenâ€™t looking for monetary compensation but now we are two years down the line. They havenâ€™t worked in policing for two years and some have other jobs.
â€œIt would have been quite difficult to reintegrate them into the workforce.â€
As previously reported by PoliceOracle.com, the legal action will claim that the use A19, which forcibly retires officers with 30 years service or more, amounts to indirect age discrimination in the way it has been applied by forces. It will be brought under the Equality Act 2010.
Additionally 134 officers from the federated ranks in Devon and Cornwall and Nottinghamshire are making claims.
Mr Cassidy said that if officers were successful in their legal fight, it could put an early end to the use of A19 nationally.
He said if compulsory severance was to be approved later this year, which the Association was opposing, A19 would probably be made redundant itself because it is not as wide ranging.
The employment tribunal begins on February 11 at London Central Employment Tribunal.
The Association and Federationâ€™s legal fight centres on the claim that A19 should have been used on a case-by-case basis instead of being used to make mass numbers of officers redundant.
Supers ‘Miserable’ After A19 Axe