Employment Tribunal Judge defers decision over lack of consultation argument â€“ although age discrimination cases are set to go ahead.
A force Police Federation says it is not confident that a legal argument â€“ concerning a lack of consultation over regulation A19 â€“ can go forward at Employment Tribunal.
Devon and Cornwall Police Federation said that following an examination of the issues the Tribunal Judge, which heard the legal argument at a pre-hearing on May 8 and 9, seemed unlikely to rule in its favour.
The decision will rule whether Section 188 of the Trade Union and Relations Act 1992 applies to police officers. It is under this law that officers would claim a lack of consultation over A19â€™s usage.
â€œIt will be up to the individuals as to whether they pursue the age discrimination part because they will have to pay for that however it doesnâ€™t require a pre-hearing.â€
As previously reported around 96 officers from Devon and Cornwall Police were taking their former force to Employment Tribunal after being forcibly retired after 30 years service.
The decision has now been deferred for three weeks, Chairman of Devon and Cornwall Police Federation Nigel Rabbits told PoliceOracle.com.
If the pre-hearing decision is a positive one for the Fed, officers will be able to bring claims over a lack of consultation to Employment Tribunal.
But Mr Rabbits said he was not confident having heard the arguments. If the decision goes against officers, they will still be able to make a separate claim under the Equality Act 2010 for age discrimination.
Mr Rabbits said: â€œIt will be up to the individuals as to whether they pursue the age discrimination part because they will have to pay for that however it doesnâ€™t require a pre-hearing.
â€œWe are confident over that â€“ that direct and indirect age discrimination can be proven because one follows the other. It applies to everybody as they are over 48-years of age.â€
Mr Rabbits said the hearings for age discrimination were yet to be listed.
Former officers from Nottinghamshire Police are also involved in the legal battle, although the force itself has stopped its use of A19 for the time being.
The regulation has been used by forces nationwide to counter funding cuts from central government.
A19 Legal Fight: Consultation Argument May Be Flawed