Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Based on what you have described, what are you ideally hoping for?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. In normal employment circumstances such issues would be dealt with under a constructive dismissal claim, where the affected employee is forced to resign as a result of the employer’s unreasonable behaviour. It is in effect a response to a last straw scenario which leaves the employee with no other option but to leave. Employment law does not cater for resolution via any other means, apart from internal grievance procedures. If the grievance route does not work, then no one can force the employer to act in a specific manner or treat someone fairly so in the end they may have to resign and pursue the constructive dismissal claim.
The issue is that as a police officer you are not treated as an employee but an office holder, so you are not protected against constructive dismissal. It does mean that the police force can get away with a lot more in terms of unfair treatment of its officers compared to normal employees. You do get protection but only against discrimination, such as detrimental treatment due to protected characteristics such as age, gender, race, disability etc. However, if the treatment you are subject to is not linked to discrimination then you will have somewhat limited rights.
When it comes to health and safety protection, working time rules etc then these will still apply and can potentially be considered by an employment tribunal.
You are of course able to pursue this matter internally via the grievance procedure or any other formal complaints processes the force may have. If you have a union then you should use them as much as possible but remember that the law rarely can force an employer to act in the manner they may be expected to and the usual outcome is financial compensation.
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