Mr David Lane v Dover Harbour Board — 2024

The tribunal heard a preliminary issue on 7 October 2024 before Employment Judge Fowell. Mr David Lane, who worked for Dover Harbour Police as an Acting Police Sergeant, had brought claims including unfair dismissal, wrongful dismissal, and disability discrimination. The judgment dealt only with whether the unfair dismissal claim could proceed; the remaining claims were left to a later hearing listed for 24 March 2025.

The tribunal held that section 200 Employment Rights Act 1996 excluded Mr Lane from bringing an unfair dismissal claim because he was in police service. It accepted that Dover Harbour Police was maintained under an enactment, the Harbours, Docks, and Piers Clauses Act 1847, and therefore fell within the statutory definition of police service. The tribunal also said, in any event, that Mr Lane had the powers or privileges of a constable.

In reaching that conclusion, the tribunal referred to Redbridge London Borough Council v Dhinsa and Wandsworth LBC v Vining. It noted that Parliament had made specific exceptions for certain health and safety and whistleblowing dismissals, but those exceptions did not apply on the facts of this case. The unfair dismissal claim was therefore dismissed for want of statutory entitlement rather than on its merits.

The judgment did not determine the wrongful dismissal or disability discrimination claims, and it did not record any monetary remedy.