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The Office of Constable - Police Federation

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How are those who hold the <strong>Office</strong> <strong>of</strong><br />

<strong>Constable</strong> different to employees?<br />

l Employment law requires all employees<br />

to be ‘protected’ by a contract <strong>of</strong><br />

employment. <strong>Constable</strong>s are not<br />

employees.<br />

l <strong>Police</strong> <strong>of</strong>ficers’ conditions <strong>of</strong> service are<br />

provided by <strong>Police</strong> Regulations, <strong>Police</strong><br />

Conduct Regulations and <strong>Police</strong><br />

Performance Regulations; many reflect<br />

similar provisions to employment law<br />

Can police <strong>of</strong>ficers strike?<br />

It is illegal for police <strong>of</strong>ficers to take any<br />

form <strong>of</strong> industrial action. As <strong>Office</strong>rs <strong>of</strong><br />

the Crown, they are bound by the <strong>Police</strong><br />

Act. Section 91 <strong>of</strong> the <strong>Police</strong> Act provides<br />

that a criminal <strong>of</strong>fence will be committed<br />

by:<br />

l those who cause, or attempt to cause,<br />

amongst members <strong>of</strong> the police service<br />

disaffection, and<br />

l those that induce them to ‘withhold<br />

their services’.<br />

but from a police perspective. <strong>The</strong><br />

<strong>Police</strong> (Health & Safety) Act 1997<br />

requires chief <strong>of</strong>ficers to provide safe<br />

working environments for police<br />

<strong>of</strong>ficers.<br />

l Some employment law specifically<br />

applies to police <strong>of</strong>ficers, some does not;<br />

i.e. Sex Discrimination Act, Race<br />

Relations Act.<br />

<strong>The</strong>re would be a breach <strong>of</strong> Section 91 if<br />

anybody were to encourage or promote any<br />

<strong>of</strong> the following:<br />

l strike action<br />

l an overtime ban (including bans on both<br />

compulsory and voluntary overtime<br />

l a ‘work to rule’ – in effect a withdrawal <strong>of</strong><br />

goodwill; the incitement to do so by the<br />

<strong>Federation</strong> or by a member <strong>of</strong> other<br />

members might well be viewed as causing<br />

disaffection contrary to Section 91.

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