Redbridge London Borough Council v Dhinsa, [2013] ICR D33
The Employment Appeal Tribunal (EAT) allowed the appeal by the local authority, determining that the claimants, who were part of the local authority's parks police service, were employed in "police service". Consequently, they were excluded from bringing ordinary unfair dismissal claims under section 200 of the Employment Rights Act 1996.
Key Principles:
To assess if an individual is excluded from bringing unfair dismissal claims under section 200 of the Employment Rights Act 1996, one must determine if they are employed in "police service".
"Police service" under section 200(2) poses three queries: (i) if the claimants are constables, (ii) if they belong to a constabulary, and (iii) if the constabulary is maintained because of an enactment.
The scope of the powers available to constables does not impact their designation as “constables”.
Facts & Application: The claimants were employed by the local authority in its parks police service. One of them had duties such as patrolling parks in uniform, enforcing byelaws, regulations, and criminal law. The other, holding the position of a sergeant, was responsible for leading and supervising a team of park constables. Both had taken a “voluntary declaration” before a Justice of the Peace, committing to uphold the byelaws and regulations related to Redbridge parks.
Given these declarations, it was evident that the claimants were designated as "constables". Their limited powers, compared to the wider powers of constables in forces like the Metropolitan Police, didn't change this classification. Additionally, the Redbridge Parks Police Service was recognized as a constabulary, and this force was upheld under the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967.
The Employment Judge had previously erred in determining that the claimants weren't "police officers" or "constables" as per section 200. The real question was whether they were part of a constabulary maintained due to an enactment. The EAT clarified that they indeed were.
In a pivotal decision by the Employment Appeal Tribunal, the local authority's appeal was upheld, clarifying that employees in the authority's parks police service were employed in "police service". This designation excluded them from bringing regular unfair dismissal claims under the Employment Rights Act 1996's section 200. This judgment is essential for those in specialised roles within local authorities and sheds light on the broader interpretation of "police service" in the UK's employment law landscape.
