Employment Rights Act 1996, section 200

Police officers

Part XIII Miscellaneous

(1)F1004,F1006,F1004,F1014Sections 8 to 10, Part III . . . , sections [F100543M,F1005] . . ., 45, [F100745A,F1007] 47 . . . , [F100847C,F1008] 50 [F1009to 57BF1009] and 61 to 63, Parts VII and VIII, sections 92 and 93 [F1010andF1010] , Part X [F1011(except sections 100 [F1012 , 103AF1012] and 134A and the other provisions of that Part so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 100 [F1013 or 103AF1013] )F1011] . . . do not apply to employment under a contract of employment in police service or to persons engaged in such employment.

(2) In subsection (1) “police service” means—

(a)service as a member of a constabulary maintained by virtue of an enactment, or

(b)M53subject to section 126 of the Criminal Justice and Public Order Act 1994 (prison staff not to be regarded as in police service), service in any other capacity by virtue of which a person has the powers or privileges of a constable.

Definitions used in section 200 2

employment

(5) In this Act “employment”—

(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

(b)in relation to a worker, means employment under his contract;

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
contract of employment

(2) In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.

Defined in s.230(2) · see it in the full Act

Cases considering section 200 7

Vining v London Borough of Wandsworth

[2017] EWCA Civ 1092 · 28 July 2017

The police-service exclusion applied to parks constables as a matter of domestic construction. Article 8 did not require a Convention-compatible reading because the redundancies and their ordinary consequences fell outside its ambit. (see paras [21]; [43]-[58]; [78])

McKinnon v The London Borough of Redbridge

[2014] EWCA Civ 178 · 26 February 2014Interprets

The court construed section 200 as excluding the specified statutory employment protections where an employee is in police service. The provision applied to the appellant because the Parks Police Service satisfied section 200(2)(a). (see paras [62]-[67]; [70]; [73]) Having found that the appellant was in police service, the court applied subsection (1) to exclude his statutory right to make an unfair-dismissal claim. (see paras [70]; [73]) The court interpreted subsection (2) as defining police service through alternative limbs. It held that the first limb governed the case, making it unnecessary to decide the appeal under the second. (see paras [35]-[36]; [63]; [67]) The court held that a small but properly organised parks police body was a constabulary maintained by virtue of enactments authorising its creation and the attestation of its officers. The appellant therefore fell within this limb. (see paras [63]-[66]; [73]; [75]) The court held that this limb was unnecessary once section 200(2)(a) applied. It nevertheless considered, alternatively, that the officers had the powers and privileges of constables. (see para [67])

Lake v British Transport Police

[2007] EWCA Civ 424 · 4 May 2007Limits

Limits the section 94(1) unfair-dismissal right for police-service employees under contracts of employment, while the court recognised the separate extension of specified whistleblowing protections to constables. (see paras [22]-[23])

1 more judgment, and what each says about section 200, are in the case-law panel in the full Act.

Amendments and notes

16 notes from legislation.gov.uk

Amendments

  1. F1004Words in s. 200(1) repealed (1.4.2004) by Police Reform Act 2002 (c. 30), ss. 37(2)(a), 107, 108(2)-(5), Sch. 8; S.I. 2004/913, art. 2(b)(f)(v)
  2. F1006Word in s. 200(1) repealed (1.7.1998) by 1997 c. 42, s. 6(2)(a); S.I. 1998/1542, art. 2
  3. F1014Words in s. 200(1) repealed (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 35(d); S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)
  4. F1005Words in s. 200(1) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 38; S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)
  5. F1007Word in s. 45A inserted (1.10.1998) by S.I. 1998/1833, reg. 31(6)
  6. F1008Words in s. 200(1) inserted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 35(a); S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)
  7. F1009Words in s. 200(1) substituted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 35(b); S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)
  8. F1010Word in s. 200(1) inserted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 35(c); S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)
  9. F1011Words in s. 200(1) inserted (1.7.1998) by 1997 c. 42, s. 6(2)(b); S.I. 1998/1542, art. 2
  10. F1012Words in s. 200(1) inserted (1.4.2004) by Police Reform Act 2002 (c. 30), ss. 37(2)(b), 108(2)-(5); S.I. 2004/913, art. 2(b)
  11. F1013Words in s. 200(1) inserted (1.4.2004) by Police Reform Act 2002 (c. 30), ss. 37(2)(c), 108(2)-(5); S.I. 2004/913, art. 2(b)

Modifications

  1. C198S. 200 modified (1.10.2002 for certain purposes, otherwise 1.4.2004) by Police Reform Act 2002 (c. 30), s. 13, Sch. 3 Pt. 3 para. 19(5)(b) (with s. 14(1)); S.I. 2002/2306, art. 4(e); S.I. 2004/913, art. 2(d)
  2. C199S. 200 modified (7.4.2010) by The UK Border Agency (Complaints and Misconduct) Regulations 2010 (S.I. 2010/782), reg. 42(4)(b)
  3. C200S. 200 restricted (1.12.2023) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(4), Sch. 1 paras. 15, 21 (with s. 61); S.I. 2023/1293, reg. 2(a)
  4. C201S. 200 modified (1.5.2025) by The Food Crime Officers (Complaints and Misconduct) Regulations 2025 (S.I. 2025/301), regs. 1(1), 45(5)

Marginal citations

  1. M531994 c. 33.