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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Surrey Police Authority v Beckett [2001] EWCA Civ 1253 (31 July 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1253.html Cite as: [2001] EWCA Civ 1253, [2001] Emp LR 1157, [2002] ICR 257 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM QUEEN'S BENCH DIVISION
(MR JUSTICE BLOFELD)
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE TUCKEY
and
LORD JUSTICE LAWS
____________________
SURREY POLICE AUTHORITY |
Appellants |
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- and - |
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BECKETT |
Respondent |
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Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr Peter Doyle (instructed by Winckworth Sherwood of London SW1) for the Respondent
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Crown Copyright ©
LORD JUSTICE SIMON BROWN:
"DURATION OF THE CONTRACT
4. Your appointment will be for a fixed term starting on 1 April 1995 and expiring on 20 May 2001, unless determined earlier by prior notice on either side.
5. It is a condition of you accepting the appointment that, in accordance with s.142 of the Employment Protection (Consolidation) Act 1978, you agree to waive your rights to:
(a) Make a complaint of unfair dismissal;
(b) A redundancy payment;
on expiry of the contract on 20 May 2001.
6. Notice to terminate the contract other than by reasons of its expiry, shall be three months in writing on either side."
"13A(1) This regulation applies to every appointment on or after 1st April 1995 of a person to the rank of (a) … assistant chief constable of a police force …
(2) Where it is proposed to vary by agreement the conditions of service of a person who on 1st April 1995 holds one of the ranks specified in paragraph (1) above indefinitely so that he holds that rank instead for a fixed term (a) that term shall be for a period authorised by … paragraph 4 …
(4) Subject to paragraph … (9), an appointment to the rank of assistant chief constable … shall be for a term of not less than 4 years and not more than either (a) 10 years, or (b) a period expiring with the date on which the person appointed reaches minimum retirement age or, if that period is less than 4 years, 4 years, whichever of the periods in sub-paragraphs (a) and (b) is the shorter.
(7) The term of an appointment to which this regulation applies may be extended by agreement for a period or periods up to the time when the person appointed (a) has completed 30 years pensionable service for the purposes of the Police Pensions Regulations 1987, or (b) has completed 25 years pensionable service for those purposes and has attained the age of 50, whichever is the earlier.
(9) This regulation is without prejudice … to regulation 16(1) and (2) (retirement) and the provisions referred to in regulation 16(3)."
"(1) Without prejudice to the provisions mentioned in paragraph (3) and subject to paragraph (2) a member of a police force may retire only if he has given to the police authority one month's written notice of his intention to retire or such shorter notice as may have been accepted by that authority.
Provided that, while suspended under the Discipline Regulations, a member may not, without the consent of the chief officer of police, give notice for the purposes of this regulation or retire in pursuance of a notice previously given.
(2) In the case of a[n] … assistant chief constable, paragraph (1) shall have effect as if (a) for "one month's" there were substituted "three months'", and (b) for "chief Officer of police" there were substituted "police authority".
(3) The provisions referred to in paragraph (1) are … (d) the provisions of the Police Pensions Regulations relating to compulsory retirement …"
"… a member of a police force may retire only if he has given to the police authority 3 months' written notice of his intention to retire or such shorter notice as may have been accepted by that authority. Provided that, while suspended under the Discipline Regulations, a member may not, without the consent of the police authority, give notice for the purposes of this regulation or retire in pursuance of a notice previously given."
LORD JUSTICE TUCKEY:
LORD JUSTICE LAWS: