Fair Employment Tribunal Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIFET/2004/1_03.html
Cite as: [2004] NIFET 1_03, [2004] NIFET 1_3

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FAIR EMPLOYMENT TRIBUNAL

CASE REF: 1/03FET

13/03

APPLICANT: Derek Weir

RESPONDENT: Police Service of Northern Ireland

DECISION

The unanimous decision of the Tribunal is that the applicant was not an employee of the Northern Ireland Policing Board (the Board); he was a police constable in the Police Service of Northern Ireland Reserve and in such capacity was not entitled to make an application, on foot of an internal trawl, for the position of personnel officer to be employed by the Board. The applications of the applicant are therefore dismissed.

Appearances:

The applicant appeared in person and was unrepresented.

The respondent was represented by Mr J. Dunlop, Barrister-at-Law, instructed by the Crown Solicitors Office.

At the outset of the hearing, it was agreed by the parties that the Tribunal should consider and determine, as preliminary issues, whether the applicant was an employee of the Northern Ireland Policing Board (the Board); whether he as a police constable in the Police Service of Northern Ireland Reserve was entitled to apply on foot of an internal trawl, for the position of personnel officer to be employed by the Board. The applicant accepted that if the Tribunal determined he was not so employed and not entitled to apply as a police constable for the said, position, on foot of the said trawl, he would have no grounds upon which to maintain his complaints and that his applications would have to be dismissed by the Tribunal.

There was no dispute between the parties that the applicant had been a member of the full time reserve, as a police constable, from on or about 18 May 1987; firstly as a member of the Royal Ulster Constabulary Reserve and, following the commencement of the Police (Northern Ireland) Act 2000, the Police Service of Northern Ireland Reserve. Further, there was no dispute that, while serving as a police constable, he applied for the post of personnel officer on or about 20 November 2002 on foot of an internal trawl, Notice 25/02. The said notice invited applications from "all permanent staff working in support of PSNI, and meet the eligibility criteria listed in the trawl notice." There was no dispute that the applicant's application had been rejected as it was stated that he did not fall into the above category of staff.

The Tribunal was satisfied, having considered the provisions of Section 1(3) of the Police (Northern Ireland) Act 2000 that on 20 November 2002 the applicant was a member of the body of constables known as the Police Service of Northern Ireland Reserve (incorporating the Royal Ulster Constabulary Reserve) which, under section 1(4) of the said Act is styled for operational purposes as the "Police Service of Northern Ireland Reserve." Under Section 37 of the said Act, which replicates previous statutory provisions, the Chief Constable makes the appointment of a constable, such as the applicant, to membership of the said body on foot of relevant regulations. The said provisions make it clear that at all material times a police constable so appointed is not therefore employed by the Board.

Under the Police (Northern Ireland) Act 2000, Section 2, the Northern Ireland Policing Board (the Board) was established. Under the Act the Board has various functions including ensuring that the police and police support staff, as defined under the Act, are efficient and effective. Under Section 4 of the 2000 Act the Board is able to employ persons to assist the police. Such persons are known as police support staff. Such a person included the personnel officer, the subject of the said internal trawl notice. The applicant, appointed as a police constable as aforesaid to the Police Service of Northern Ireland Reserve, is not employed by the Board, pursuant to Section 4 of the 2000 Act, as police support staff. He therefore was not entitled to apply on foot of the said internal trawl notice, which was restricted to those permanent staff working in support of PSNI. Such staff were the police support staff employed by the Board, pursuant to Section 4 of the 2000 Act and not a police constable such as the applicant appointed as aforesaid.

A difficulty, and which the Tribunal believes has created some confusion for persons such as the applicant, is that, pursuant to section 4 of the 2000 Act the Board employs such police support staff but it is the Chief Constable on behalf of and in the name of the Board who appoints and dismisses such persons. Indeed he has all the powers to direct and control such employees and all the powers and duties of the Board as an employer of such employees. In exercising these powers the Chief Constable, through the Police Service of Northern Ireland Human Resources Department (internal selection and promotion) issued the trawl notice for the post of personnel officer. The trawl notice used PSNI insignia, and required applications to be sent to the internal selection and promotion branch of PSNI. However, this was all done pursuant to Section 4 of the 2000 Act on behalf of and in the name of the Board. The Tribunal believes that if the trawl notice had made it clear that the Chief Constable, in issuing the trawl notice and in carrying out the relevant selection procedures and subsequent appointment, was acting on behalf of and in the name of the Board that these complaints by the applicant might not have arisen. Indeed, it was only after the applicant had challenged the refusal of the respondent to accept his application that the said role of the Chief Constable/PSNI Human Resources Department in this recruitment exercise was made clear in correspondence to the applicant. In the Tribunal's view, it would have been preferable if this had been done at the outset and on the face of the internal trawl notice.

In light of the foregoing, the Tribunal decided that the applicant was not an employee of the Northern Ireland Policing Board (the Board); he was a police constable in the Police Service of Northern Ireland Reserve and in such capacity was not entitled to make an application, on foot of an internal trawl, for the position of personnel officer to be employed by the Board. The applications of the applicant are therefore dismissed, following the acceptance by the applicant that if the tribunal determined the preliminary issues as aforesaid he would have no grounds upon which to maintain his complaints.

Chairman:

Date and place of hearing: 2 November 2004, Belfast

Date decision recorded in register and issued to parties: