Claimant v Police Federation of England and Wales
Outcome
Individual claims
Preliminary hearing determined only the claimant's employment status. The tribunal found the claimant was not an employee and therefore had no standing to bring an unfair dismissal claim under ERA 1996. The substantive unfair dismissal claim was not determined on its merits.
The tribunal found the claimant was not a worker under ERA 1996 sections 230(3) or 43K. However, applying Gilham v Ministry of Justice and Articles 10 and 14 ECHR, the tribunal held that ERA 1996 must be read to extend whistleblowing protection to the claimant as a non-contractual office holder. The claimant is therefore permitted to bring the detriment claim, but it has not yet been determined on its merits.
Facts
The claimant was a serving police officer with North Wales Police who was elected as Branch Secretary of the Police Federation North Wales Branch in 2018 and re-elected in 2021. He was suspended in January 2024 and permanently removed from his role in April 2024, following an internal investigation and hearing under the Federation's Ethics, Standards and Performance Procedure. He was also barred from standing for elected office again. The claimant contended he was unfairly dismissed and subjected to detriment for making protected disclosures.
Decision
The tribunal held that the claimant was neither an employee nor a worker of the respondent, as he held a non-contractual elected office. There was no express or implied contract between the parties. However, applying Gilham v Ministry of Justice and the ECHR, the tribunal found that excluding the claimant from whistleblowing protection breached Articles 10 and 14 ECHR. Under HRA 1998 s.3, the tribunal read ERA 1996 to extend whistleblowing protection to the claimant as Branch Secretary, permitting him to bring his detriment claim.
Practical note
Non-contractual elected office holders in representative bodies like the Police Federation can be granted whistleblowing protection via human rights law, even though they are not employees or workers, if they are in an analogous position and excluding them would breach ECHR Articles 10 and 14.
Legal authorities cited
Statutes
Case details
- Case number
- 1604160/2024
- Decision date
- 18 August 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Branch Secretary (Police Federation of England and Wales North Wales Branch)
- Service
- 6 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister