Final Report of the Morris Inquiry: The Case for Change

THE CASE FOR CHANGE
2.44 Therefore ‘ordinary’ employees have, it could be argued, ‘caught up with’
and indeed overtaken police officers by gaining the benefit of written contracts and
a number of statutory rights.
2.45 The position of police officers has, of course, not remained static as,
incrementally, they have been subject to a wide range of legislation benefiting
‘ordinary’ employees. Police officers are today covered by:
● Equal Pay Act 1970;
● Health & Safety at Work Act 1974;
● Sex Discrimination Act 1975;
● The Race Relations Act 1976;
● Disability Discrimination Act 1995;
● Human Rights Act 1998;
● Working Time Regulations 1998;
● Part-time Workers (Prevention of Less Favourable) Treatment Regulations
2000;
● Employment Act 2002;
● Employment Equality (Sexual Orientation) Regulations 2003; and
● Employment Equality (Religion or Belief) Regulations 2003.
2.46 The rights conferred by these legislative provisions have served to enhance
the rights of police officers in some circumstances and have not proved to be
inconsistent with their status as office holders under the Crown.
2.47 Under the previous police complaints and discipline regime of the Police Act
1996, the following regulations governed the relevant procedures:
● Police (Complaints) (Mandatory Referrals) Regulations 1985;
● Police (Anonymous, Repetitious etc Complaints) Regulations 1985;
● Police (Complaints) (Informal Resolution) Regulations 1985;
● Police (Complaints) (General) Regulations 1985;
● Police (Complaints) (General) (Amendment) Regulations 1988;
● Police (Dispensation from Requirement to Investigate Complaints)
Regulations 1990;
● (Police Appeals) Tribunal Rules 1999;
● Police (Efficiency) Regulations 1999;
● Police (Conduct) Regulations 1999;
● Police (Conduct) (Senior Officers) Regulations 1999; and
● Police (Efficiency) (Amendment) Regulations 2003.
2.48 Under the new regime created by the Police Reform Act 2002, which came
into force on 1st April 2004, the following regulations already have effect:
● Police (Complaints and Misconduct) Regulations 2004;
● Police (Conduct) Regulations 2004;
38