Parks police employee barred from making unfair dismissal claim

The claimant in McKinnon v The London Borough of Redbridge [2014] EWCA Civ 178 was employed by the council as a sergeant in the Redbridge Parks Police Service between May 2006 and July 2010.

He was dismissed by the council on 6 July 2010 for gross misconduct. McKinnon argued that his dismissal was unfair and sought to claim compensation for unfair dismissal.

The Court of Appeal ruled that s. 200 of the Employment Rights Act 1996 prevented McKinnon from pursuing such a claim.

Lord Justice Jackson said this was because Redbridge Parks Police Service was "a constabulary maintained by virtue of an enactment" within s. 200(2)(a).

The judge said all members of the Redbridge Parks Police Service were constables who had made an appropriate declaration before a justice of the peace.

The Redbridge Parks Police Service was maintained by virtue of two enactments, namely s. 77 of the Public Health Acts Amendment Act 1907 and article 18 of the Greater London Provisional Order for Securing Uniformity in the Law applicable with respect to Parks and Open Spaces (1967).

Lord Justice Jackson said the Employment Appeal Tribunal had been correct to reverse the employment tribunal's decision and to dismiss McKinnon's claim for unfair dismissal.

Counsel for McKinnon had earlier argued that if s. 200 applied to members of the Redbridge Parks Police Service, that was both harsh and unfair. Such council employees did not have any of the “elaborate remedies" available to members of the polices forces and the British Transport Police.

“I see much force in this submission,” Lord Justice Jackson said. “I am unable to discern any rational policy reason why members of the Redbridge Park Police Service, who are council employees, should not be able to recover compensation in the event of unfair dismissal. It is not, however, possible for this court, under the guise of interpretation, to rewrite section 200 in order to remedy what appears to be an injustice.”

Lord Justice Jackson said that it was with "some regret" that he had reached his conclusion that s. 200 operated to deny Mckinnon any remedy for unfair dismissal.