Northumbria Police has failed in its attempt to strike out a disability discrimination claim against a former officer with an injury award who Northumbria wanted to continue a review under Regulation 37 despite the former officer being sectioned in a mental health institution.
In perhaps the first judgement in employment law concerning the Police Injury Benefit Regulations, Employment Judge A M Buchanan (sitting alone) has ruled that the Regulations are an occupational pension in relation to the Equality Act 2010 (EqA). Northumbria Police tried to persuade the court to dismiss the claim without a full hearing of all of the evidence on the basis the tribunal had no jurisdiction.
The immediate consequence is that Section 61 EqA is a gateway that allows discriminatory action to challenged in an Employment Tribunal, when it occurs in the administration of injury awards.
Judge Buchannen said;
I consider there is every reason why a nondiscrimination rule should apply to the Scheme. It is a scheme which clearly provides benefits in the nature of a pension
And he continued that the only forum to seek redress for such matters will be an Employment Tribunal;
I conclude that the matters which are sought to be litigated in these proceedings are not matters which fall within the jurisdiction of the Administrative Court of the High Court or for that matter the Crown Court. The claimant does not seek to challenge the process per se but seeks to have a Tribunal adjudicate upon whether or not in doing what he has done the respondent has breached the provisions of the 2010 Act in the way he has carried out his duties.
The claim can now proceed to full trial. If Northumbria appeal the preliminary judgement then it will be heard before an Employment Appeals Tribunal and become a stated case. The full judgement can be read below:
Mr DJ Curry v The Chief Constable of Northumbria Police: 2500281/2017 – GOV.UK
Employment Tribunal decision.
Power corrupts and absolute power corrupts absolutely! There is no finer example than that of the official side’s treatment of severely injured and medically retired police officers.
This is yet another case where an officer shall win his side of an argument that should never have existed. If the Police ‘legal eagles’ (vomit) used SMP’s who were qualified in the precise details of any injury none of their garbage would ever be created in the first place. Now they are about to find out that there are laws to outdo them in their squalid and mean tricks, plots and schemes to rob IOD pensioners.
I think Mr Wirz should retire and secure his own pension immediately before we get the chance to turn the tables on him! If and when he gets disbarred he could lose all of his own pension. God works in mysterious ways!!!
We have known for some time that the crime statistics are up, we don’t need the BBC to tell us this. Perhaps if the rodeo circus at Northumbria with ringmaster Wirz, sat up and listened instead of persecuting retired officers, the statistics may reduce.
At least Wirz is looking after his own pension pot as the UNISON representative on the Board of Tyne & Wear Pension Fund (Nicholas Wirz: the Board Chairman) nothing like looking after your own nest eh Nick!
The regulations relating to Police Injury Pensions are not particularly complicated or for that matter difficult to understand. What is difficult to understand is why a number of Chief Constables continue in their unlawful attempt to reduce Disabled Pensioners income contrary to the Regulations.
A lack of public accountability leaves some Chief Constables feel free to waste tens of thousands of other peoples money, the publics money pursuing unlawful actions in their vain attempt to unlawfully reduce their pension budget.
The public are generally not aware of this maladministration and unlawful action and so this shocking state of affairs continues.
The depths to which some of these Chiefs descend with their unlawful actions against their former now disabled officers is incredible.
Besides to waste of huge sums of public money the upset and distress they are causing to their injured former office is incalculable.
All this by forces taking part in this week’s campaign for action on hate crime and incidents. Is not such action towards one of their former employees, whom to their knowledge is clearly disabled, a contradiction?
Case after case after case. The Regulations were written to provide a minimum income for those injured on duty. So why do Force want to userp these Regulations. Well we all know that it’s a way they perversely see as a way of saving money. That’s irrespective of the fact that it’s costing them more to carry out the reviews than they are saving and then when an IOD fights back the mighty Force throws money at lawyers in an attempt to deny the IOD their right in law to fair treatment. Well again it has failed. The law is on the side of the IOD. Those forces continuing in this abhorant practice please take note. We may be the small guy but we have right on our side. You won’t win but you will cost your tax payers unnecessary taxation. Shame on you. Shame on you.
The Wirz Circus has come to an end. Justice for the troops, hurry up with the appeal, we can deem it to be another stated case in the armoury
Are you listening Staffordshire? Are you Avon & Somerset?
These and other forces who think they can just ride roughshod over decent people are starting to be seen for what they really are, just bullies, who think they can get away with abuses of power.
Your days of being able to treat your IOD Pensioners so disgracefully as soon to be over!
Looks like WIRZ will loose his bonus!
Another defeat for the boy Wirz – it must be difficult for the poor chap, coming up against proper lawyers and Judges who actually know what they are talking about. It’s about time Northumbria Police woke up and realised what a cowboy he is – or maybe he is just part of a bigger rodeo?
It seems Northumbria Police are losing case after case after case and all because they keep trying to bend the rules to beyond breaking. Why don’t they just do the reviews as per the Regulations instead of trying to constantly re-write the rules in their favour?
I wonder how much public money has been spent by Northumbria and other forces in their attempts to Usurp the regulations. Maybe the Home Office or Vera should be asking the question.
Another great result for justice and sense. How long will it take before these rogue police forces realise that they can not just make up their own rules?
I read the judgement and am aghast that the iod pensioner was in a psychiatric ward when Northumbria bombarded his wife with what seems like a lot of threatening letters. STILL, they continued with letters, trying to usurp the pension law to promote their own agenda, namely reducing iod pension. Shame.
If they’re making this much of a pigs ear of it when it comes to interpreting laws and regulations, who’s to know what cock-ups and underhand methods they’ve used regarding the administration of our pensions full stop ?
I keep saying it, but all this, like the MP’S expenses scandal, is just the “tip of the iceberg”, and one day it’ll all come out !
When will these police forces realise that they have got this all wrong. If they applied the regulations correctly none of this would be necessary. Well done.
Well done to the former officer’s legal Team….Seems that the Northumbria Police Road Roller approach is running out steam and hopefully the fire in the boiler will soon be extinguished ?
righteousness is on a roll! And rightly so 😊