Police Pay Out Controversy
The press has been rife with outcry over the £449,000 sum
awarded to Mr Michael Baillon for his constructive dismissal from the police
force. Commentators have blamed the ‘compensation culture’, ‘greedy lawyers’
and ‘broken system’. Many have asked why a policeman who had arguably behaved
improperly should be awarded such an enormous sum from tax payer funds.
People have been quick to blame my Baillon and his legal
team, how dare he be awarded such a sum. Critics should however bear in mind he
had a significant helping hand from the police along the way.
The incident at the crux of the matter is the videoed antics
of Mr Baillon as he attempted to remove a member of the public from his car.
The car had already been stopped once as the driver had failed to wear a
seatbelt. The driver subsequently drove off while the police were speaking to
him leading to a chase. Upon stopping the car some time later the police
attempted to break into the car in order to remove the un-cooperative driver. The subsequent
video led to Mr Baillon becoming a laughing stock amongst this colleagues.
Crucially, following an inquiry, Mr Baillon was found not guilty
of misconduct but the force decided to remove him from front line duty. In
addition to removing him from his position Mr Baillon suffered sustained
bullying from his colleagues in relation to the incident, this bullying lead to his
resignation.
Critics have stated ‘he should have a tougher skin’, ‘work
place banter is the norm, get used to it’, and ‘if he couldn’t take it he shouldn’t
be in the police’. Fundamentally employees are entitled to an abuse free and
safe workplace. The police failed to provide Mr Baillon with a safe work
environment and failed to intervene when colleagues tormented him.
So why the enormous pay out? As a member of the police force
Mr Baillon was fortunate to be part of a final salary pension scheme. Immensely
valuable such pension schemes are generally only available in the public
sector, police, fire service and teachers are good examples. It is these
pension schemes which have been the source of multiple strike action over the
last few years. Dubbed ‘gold plated pensions’ they effectively promise to pay
out for the rest of your life based on the salary you were earning when you retire.
Defined contribution schemes, which the majority of the private sector receive, are
based on what each individual pays in and how that investment performs, there
is no guarantee with regards to what you will receive when you retire.
Mr Baillon’s pay out was based on the losses he would
experience for no longer being part of his final salary pension scheme, he
would now be subject to the fate of ordinary pension schemes and uncertain
retirement.
So who is at fault? The driver who broke the law and failed
to stop and showed a blatant disrespect for the police officers’ authority? The
police for failing to protect one of their employees? The colleagues for
implementing a sustained bullying campaign? The case highlights the need for
the force to get their HR systems in order and start running a tighter ship within
their stations. It sends a stark message to employers, know your work force,
understand your employees and act quick.
Gamlins are the leading Employment Law specialists in North Wales. Are you having problems with employees at work? Is bullying a problem in your workplace? Contact us to discuss how we can help you mitigate your legal risk.
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