Last updated 01/10/19

 

SHUK information document on psychological injury in frontline services- observations, warning signs & recommendations
 
 
 
 
 
Proving Disability Discrimination

 

This comprehensive document by Tamara Lewis 'Proving Disability Discrimination' is a useful resource for organizations and Individuals who want to understand what the classifications of disability discrimination are, the employers responsibilities and gives a really useful 'Directory of impairments' P64-139 with suggestions for the type of reasonable adjustments the individual may require.  

 

Removal, suspension and Disciplining of Police Officers

 

Police officers are not considered to have a contract of employment as they are 'servants of the crown'.  This can make it difficult to argue unfair dismissal if there has been no discrimination because employment rights are not the same as for others. However, in the event an officer makes a protected disclosure (Whistleblowing) and as a result the officer has no choice but to leave the organisation, the court may allow for the following:

 

'A person who holds, otherwise than under a contract of employment, the office of constable shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being “employed” and to his “employer” shall be construed accordingly.'

 

Police (Northern Ireland) Act 2003

Police Reform Act 2002

 

Ill health retirement process and SMP assessment
 

 

 

ONS - Office of National Statistics - Police Officer suicide figures
 
Approximately one officer every two weeks dies as a result of suicide.

Extension of pay

 

PNB circular no.05/01 guidance to Chief Officers on when to use discretion and extend full pay or reinstate half or full pay.  The important point of note is that there must not be a 'fixed' criteria on pay conditions.  

Equality Act 2010 Employment: Statutory Code of Practice

 

This Equality Act guidance document is one of the most frequently used by SHUK, for demonstrating to Officers with Psychological Injury what they should expect from their employer.  You may also find this page helpful at EHRC

Referral to SMP in a timely manner

 

If the organisation fails to refer you to the SMP in a timely manner, it may be worth approaching the Pensions Ombudsman and asking them to open a case for you.  This case highlights the points taken into consideration by the adjudicator. 

https://www.pensions-ombudsman.org.uk/wp-content/uploads/PO-12165.pdf

Ill Health Retirement

 

PNB revised guidance on ill health retirement gives guidance on the process and SMP considerations during the assessment of permanent disability 

 

Scottish Police Ill health reiirement and injury on duty procedure

Difficulties determining permanency in IHR applications 

Retention of Officers with Permanent Disability

 

The PNB Post Permanent Disablement document sets out the process of determining whether it is appropriate to retain an Officer certificated as Permanently Disabled by an SMP or appeal board.You may also find the Home Office guidance on 'Limited duties' useful (with effect from 1st April 2015)

Research

Cambridge University - Police PTSD (1 in 5), 2019

https://www.cam.ac.uk/policeptsd

 

Police officers at risk of PTSD when investigating child sexual abuse cases - Surrey University

Managing post-incident reactions in the Police Service - HSE, 2000

Responding to trauma in policing - College of Policing

Routine work environment stress and PTSD symptoms in Police officers, Maguen et al., 2008

MDMA (ecstasy) assisted psychotherapy for PTSD treatment in veterans, firefighters and police officers - Lancet journal, 2018