resigned, right or wrong??

[djs]

Hi
This is the first time here but I would like to get some advice

I have just got back from a mates house and he tells me that he has resigned today from his job
He is a Policeman and has been for about 3 years, so he is well out of his probation. He has had a problem lately where he has been critisised for his work and standard of work. They have given him the usual support and guidance but today he was told to resign or lose his job through a disciplinary so he resigned

Can he appeal this decision and where does he stand?

Thanks

[Ell-enn]

He most certainly should appeal, how can the employer know the outcome of a disciplinary before the investigation has been held. If he has been told to resign this may be seen as constructive dismissal. He should contact his police federation representative right away.

Kind Regards

Ell-enn

[crash3903]

Sadly it is too late for him to appeal. He is a crown servant and as such the employment law does not apply. He should have had the federation rep present during all meetings as they would have advised him. Therefore constructive dismissal does not become relevant either.

[Ell-enn]

While I'm happy to be corrected on this...

as I understand it, Police Forces have their own disciplinary and grievance policies which allow appeals, and indeed have HR departments which deal with these matters.

[crash3903]

Your absolutely correct they do - However now that he has resigned there is no recourse open to him - The procedures you mention would normally be carried out whilst he was still in service with the Police

But as always I would be interested in some case law?

[Ell-enn]

SUFFOLK POLICE AUTHORITY
COMMITTEE:
HUMAN RESOURCES AND STAFF LIAISON COMMITTEE
DATE:
9 JUNE 2006
TITLE:
EMPLOYMENT TRIBUNAL OVERVIEW
AUTHORSHIP:
THE CHIEF CONSTABLE
MAIN ISSUES
The Suffolk Constabulary has now settled a claim of constructive dismissal brought by a
former police officer.
The claimant was employed by the Constabulary from 1979 to 2004. Upon resignation the
claimant made a complaint of constructive dismissal based on the detriments she suffered as a
result of the Constabulary’s failure to deal properly with her protected disclosures.
The Constabulary accepts that it took no steps to communicate the outcome of the limited
investigation to the claimant or her colleagues and that consequently inaccurate and damaging
rumour circulated which the Constabulary failed to correct. In addition appropriate support
was not provided to the claimant. The claimant was treated to her detriment as a result of
having made the allegations.

[advisee]

DJS - can you advise your friend to go to a solicitor. I did think (don't quote me) that most of our employment law applies to the police - I know the working time regulations do not....

I'd like to think that he could pursue a claim for constructive dismissal, but its worth speaking to a solicitor.

I am also unsure whether (under 'normal' employment procedures) he should be submitting an appeal or a grievance. Sorry if this doesn't help you - get him to try the Fed first, then if they can't or won't help, then a solicitor.

[crash3903]

Ell-enn

Thats a great piece of research and clearly indicates the crown servant argument may no longer be valid

Could you tell me please how I would be able to get hold of the full judgment including how they were able to argue constructive dismissal

I have a similar case that requires clarification

Thanks

[Ell-enn]

Hi Crash - I've got the info on the laptop at home. Will send you it tonight.

Regards

Ell-enn

[crash3903]

thanks very much

[adagioofwight]

A quick reading of ERA 1996 Section 200 suggests that 'Protected Disclosure' is one of the very few exceptions to the exclusion of police officers from the provisions of the Act.

Employment Rights Act 1996 (as amended)

Maybe I have mis-interpreted it.