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ERA s.43KA Application of PIDA for Police Officers

Police

G.

  1. Police

Application of this Part and related provisions to police (s43KA ERA)

(1)          For the purposes of-

  • this Part,
  • section 47B and sections 48 and 49 so far as relating to that section, and
  • section 103A and the other provisions of Part 10 so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 103A,

a person who holds, otherwise than under a contract of employment, the office of constable or an appointment as a police cadet shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being "employed" and to his "employer" shall be construed accordingly.

 

(2)          In this section "the relevant officer" means-

  • in relation to a member of a police force or a special constable appointed for a police area, the chief officer of police;

[(b) in relation to a member of a police force seconded to the [National Crime Agency to serve as a National Crime Agency officer], that Agency; and]

 

(d) in relation to any other person holding the office of constable or an appointment as police cadet, the person who has the direction and control of the body of constables or cadets in question.]

Interpretation

The Police Reform Act 2002 removed the exclusion of police officers from whistleblowing protection by inserting s43KA ERA. The law relating to police officers and their employment rights is notoriously complex, but it is worth noting that in the parallel context of discrimination law, the Supreme Court held that EU law requires police officers to be able to bring an action before an employment tribunal, regardless of a decision having been made by a disciplinary panel, and that the principle of judicial immunity did not apply (P v Metropolitan Police Commissioner [2017] UKSC 65).