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In Chief Constable of West Midlands Police and others v Harrod and others, the Employment Appeal Tribunal (EAT) dismissed police officers' claims for indirect discrimination on the ground of age.

Police officers brought the claims after use of the A19 rule increased after budgets were substantially cut from 2010. Regulation A19 of the Police Pensions Regulations 1987 allows police forces to require a police officer of the rank of chief superintendent or below to retire "in the general interests of efficiency".

For an officer to be retired under reg.A19, he or she must have served at least 30 years and be entitled to a pension of two-thirds of his or her pensionable pay.

The EAT judgment overturns the employment tribunal decision in Harrod and others v Chief Constable of West Midlands Police and others. The employment tribunal had held that the practice of requiring the retirement of police officers under the A19 rule is not a proportionate means of achieving a legitimate aim.

This case will now be appealed to the Court of Appeal. HR professionals working in the police can use Law reports > Cases on appeal to track of any further progress in this case.

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HR and legal information and guidance relating to employers in the police service.

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Contributing author

Andrew Marston worked for Greater Manchester Police as HR director (from 1995 to 2005) and assistant chief officer HR (from 2005 to 2008). He runs Andrew Marston Consulting Ltd.