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Exclusions and qualifications: British Transport Police excluded from unfair dismissal provisions

This report relates to 1 case(s)

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    Spence v British Railways Board [2000] All ER (D) 1956 EAT (0 other reports)

An employment tribunal did not have jurisdiction to hear a complaint of unfair dismissal brought by a sergeant in the British Transport Police, the EAT holds in Spence v British Railways Board 16.10.99 EAT 755/99. The EAT was of the view that the British Transport Police Force is a "constabulary maintained by virtue of an enactment".Alternatively, the applicant was in service "in any other capacity by virtue of which a person has the powers or privileges of a constable". In either case, the definition of "police service" was fulfilled so that it could be said that the applicant was engaged under a contract of employment in police service. Section 200 of the Employment Rights Act 1996 ("the ERA") therefore applied to exclude his claim.