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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49854
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a serving police officer and currently serve as a

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I am a serving police officer and currently serve as a police inspector. Over the last year I have experienced total isolation from my employers after challenging working practices within the custody environment. The issues have started after the organisation reduced staffing numbers significantly which caused the safe working operating protocols to be ignored. The isolation has come from removing me from promotional opportunities, prevented from devloping laterally, to being used to cover a high number of unsociable shifts at extremely short notice without notification. This is a complex case which is supported with information. The organisation have cut staffing levels and fleet services to levels where calls can't be allocated, officers who are calling for assistance are not being supported. Having taken all reasonable steps to challenge and notify the relevant line managers, I have been left unsupported ignored and isolated which has left me without any place to turn. The feedback I get from federation representatives is extremely poor with very little action other than we are all in the same boat. After serving for 20 years I am not resistant to change but the actions of the organisation clearly breache health and safety legislation, working time directives and equal fair treatment within my work environment. I need help

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?

Customer: replied 1 year ago.
To improve working practices and ensure a safe working environment for the teams I supervise

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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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