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I have a similar question on Police officers not being

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I have a similar question on Police officers not being eligible to take a case of Constructive dismissal. I am fighting for the second time for ill health retirement. My case has many breaches and loopholes of the 1987 Police Pensions Regulations. I have been told that i have no right to challenge through ET on grounds of Constructive Dismissal if i resign. The reason i would resign is that the process has been discriminating, corruption and breaches of regulations and policy. Bullying has taken place over time and unfair decisions made. I have three degenerative conditions which there is no long or short term and have been medically certified as permanent disabilities under the police regulations and by DWP. I am being forced to return to work which is unreasonable as suggested by the SMP (Select Medical Practitioner GP for the force to work from home. Under the Police Regulations they have also not requested that the FMA (Force Medical Adviser) give a medical history and opinion on my permanency, ill health retirement and opinion as he is the one who had been consistent been examining me over the past year.

Lawyer's Assistant: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?

Yes, i have a solicitor but its said i do not have a case for discrimination and i am not entitled to having my case seen under ET and Constructive or unfair dismissal

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes i am still employed by the police and have federation representation. The HR who is deligated by the Police Authority asked for my appeal to go through the SMP. In that scenario they must put my case through the FMA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe my treatment is as a result that i have internal whistle blown to direct managers and i have recently witnessed gross misconduct and integrity, serious security issues in a very high security environment which i cannot discus on here

Submitted: 1 month ago.Category: UK Employment Law
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Answered in 13 minutes by:
3/22/2018
Solicitor: Ben Jones, UK Lawyer replied 1 month ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 9,057
Experience: Qualified Employment Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Solicitor: Ben Jones, UK Lawyer replied 1 month ago

How long had you worked in the force for?

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Solicitor: Ben Jones, UK Lawyer replied 1 month ago

and how long ago were you dismissed?

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Customer reply replied 1 month ago
Tomorrow 23rd March i will have been a police officer fro 26 years. I have not been dismissed, i am on my second appeal to have my A20 Permanent decision reversed as i was made Permanent in 2009/10 and asked to stay and continue my service as i felt at the time i could but my original degenerative condition has significantly worsened and two more degenerative conditions have been certified as A20 Permanent.
Solicitor: Ben Jones, UK Lawyer replied 1 month ago

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Customer reply replied 1 month ago
As a result of my conditions Degenerative 4 level lumber discs, 3 level degenerative cervical discs (neck) and degenerative heavy wear to radial head of elbow, my pain management has not improved and after several years of medication and pain management i have been suffering with Stress, anxiety, depression and probabilities of PTSD but that needs to be put to a Psychiatrist. It has also been recently discovered by their own SMP that i possibly have carpel syndrome in the same hand/wrist as degenerative elbow. Been placed on Zero pay since January 20017 and the way the force has dealt with my case has only impacted on my mental health.
Solicitor: Ben Jones, UK Lawyer replied 1 month ago

can I check why you have been told this is not disability discrimination?

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Customer reply replied 1 month ago
I think the attached cut and paste explains what ive been advised on opinions
Solicitor: Ben Jones, UK Lawyer replied 30 days ago

Thank you for this. Having read the report, and being familiar with the legalities I do agree with most things in it, such as the case law and general legal position that discrimination and constructive dismissal are unlikely to be relevant or strong claims here. Based on that what are your specific questions please, what do you need me to discuss with you in relation to this?

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