Mr Derek Bolton v The Chief Constable of the Police Service — 2022

This was a public preliminary hearing on whether the Employment Tribunal had jurisdiction to hear Mr Derek Bolton’s sole claim of constructive unfair dismissal. The claimant had served as a police constable from 21 December 1992 until 31 December 2021, latterly as a detective constable. The tribunal recorded that he had entered early conciliation on 24 February 2022, received his certificate on 28 February 2022, and presented his claim on 7 March 2022.

The issue was whether, as a serving police officer, he was an employee within the meaning of s.230(1) ERA 1996 and therefore entitled to pursue the unfair dismissal right in s.94 ERA 1996, with constructive dismissal falling within s.95(1)(c) ERA 1996. The respondent relied on the statutory framework governing police officers, including the Police and Fire Reform (Scotland) Act 2012 and the Police Service of Scotland Regulations 2013, and on The Commissioner of Police for the Metropolis v Ms A Lowrey-Nesbitt [1998] UKEAT 952/97/1307.

The tribunal accepted the respondent’s submission that a constable is an office holder whose terms of service are governed by statute and statutory instrument, not by a contract of employment. It concluded that there was no contract between a serving police officer and the Chief Constable, and that section 200 ERA 1996 did not proceed on any assumption that police officers are employees under a contract of employment. On that basis, Mr Bolton was not an employee for the purposes of s.230(1) ERA 1996 and did not qualify to claim unfair dismissal.

The tribunal therefore held that it did not have jurisdiction to hear the claim and dismissed it. No monetary remedy was awarded.