Who pays?
Author
Discussion

davidball

Original Poster:

731 posts

232 months

Thursday 26th July 2018
quotequote all
When police officers take action that is judged to be unlawful or unreasonable and compensation is awarded to the victim where does the money come from? Are polices officers themselves ever made to pay or does the money come from a special fund?

spookly

4,391 posts

125 months

Thursday 26th July 2018
quotequote all
davidball said:
When police officers take action that is judged to be unlawful or unreasonable and compensation is awarded to the victim where does the money come from? Are polices officers themselves ever made to pay or does the money come from a special fund?
From your taxes.... so you're effectively paying your own compensation.

Graveworm

9,238 posts

101 months

Thursday 26th July 2018
quotequote all
spookly said:
From your taxes.... so you're effectively paying your own compensation.
Sometimes people try to sue the individual officer but there is a vicarious liability, against the chief officer, so it's still the taxpayer. So winning compensation against the police potentially makes policing worse.

Edited by Graveworm on Thursday 26th July 12:35

davidball

Original Poster:

731 posts

232 months

Thursday 26th July 2018
quotequote all
So police officers cannot be made individually liable and the tax payer foots the bill. Another aspect of police immunity. Why is this so?

JamieBeeston

9,294 posts

295 months

Thursday 26th July 2018
quotequote all
davidball said:
So police officers cannot be made individually liable and the tax payer foots the bill. Another aspect of police immunity. Why is this so?
Name another job when an employee is individually and personally liable for a mistake they make at work ?

Flumpo

4,024 posts

103 months

Thursday 26th July 2018
quotequote all
JamieBeeston said:
davidball said:
So police officers cannot be made individually liable and the tax payer foots the bill. Another aspect of police immunity. Why is this so?
Name another job when an employee is individually and personally liable for a mistake they make at work ?
Any job you want to pick, as long as it’s in their contract:

https://www.google.co.uk/amp/s/amp.theguardian.com...

Although comparing to the police may be unfair, plus I’m not getting involved in police bashing.

JamieBeeston

9,294 posts

295 months

Thursday 26th July 2018
quotequote all
Flumpo said:
JamieBeeston said:
davidball said:
So police officers cannot be made individually liable and the tax payer foots the bill. Another aspect of police immunity. Why is this so?
Name another job when an employee is individually and personally liable for a mistake they make at work ?
Any job you want to pick, as long as it’s in their contract:

https://www.google.co.uk/amp/s/amp.theguardian.com...

Although comparing to the police may be unfair, plus I’m not getting involved in police bashing.
Apples and Bricks there my pal.

Docking pay through not turning up on time, and being liable for potentially millions in damages are two very very different things.

In the US this type of thing is much more prevalent (doctors and lawyers with their own malpractice insurance) however a public / civil servant being held liable is a far cry.

whoami

13,200 posts

270 months

Thursday 26th July 2018
quotequote all
JamieBeeston said:
davidball said:
So police officers cannot be made individually liable and the tax payer foots the bill. Another aspect of police immunity. Why is this so?
Name another job when an employee is individually and personally liable for a mistake they make at work ?
Company director

98elise

32,628 posts

191 months

Thursday 26th July 2018
quotequote all
whoami said:
JamieBeeston said:
davidball said:
So police officers cannot be made individually liable and the tax payer foots the bill. Another aspect of police immunity. Why is this so?
Name another job when an employee is individually and personally liable for a mistake they make at work ?
Company director
Directors are not employees...well not in the traditional sense.

I certainly would not equate a police officer with a company director.

Edited by 98elise on Thursday 26th July 18:54

whoami

13,200 posts

270 months

Thursday 26th July 2018
quotequote all
98elise said:
whoami said:
JamieBeeston said:
davidball said:
So police officers cannot be made individually liable and the tax payer foots the bill. Another aspect of police immunity. Why is this so?
Name another job when an employee is individually and personally liable for a mistake they make at work ?
Company director
Directors are not employees.
Eh?

98elise

32,628 posts

191 months

Thursday 26th July 2018
quotequote all
whoami said:
98elise said:
whoami said:
JamieBeeston said:
davidball said:
So police officers cannot be made individually liable and the tax payer foots the bill. Another aspect of police immunity. Why is this so?
Name another job when an employee is individually and personally liable for a mistake they make at work ?
Company director
Directors are not employees.
Eh?
Quoted before edit.. company directors are not normally employees.

https://www.gov.uk/employment-status/director



whoami

13,200 posts

270 months

Thursday 26th July 2018
quotequote all
98elise said:
whoami said:
98elise said:
whoami said:
JamieBeeston said:
davidball said:
So police officers cannot be made individually liable and the tax payer foots the bill. Another aspect of police immunity. Why is this so?
Name another job when an employee is individually and personally liable for a mistake they make at work ?
Company director
Directors are not employees.
Eh?
Quoted before edit.. company directors are not normally employees.

https://www.gov.uk/employment-status/director
They very often are.

I had a service contract in my last 3 positions and was both a director and an employee.

QuickQuack

2,817 posts

131 months

Thursday 26th July 2018
quotequote all
JamieBeeston said:
Name another job when an employee is individually and personally liable for a mistake they make at work ?
Medicine. "Crown indemnity" covers f*** all of nothing. Almost all cases are against individual doctors rather than an establishment such as a hospital. Hospitals are sometimes sued, which then take the doctor to court and initiate GMC proceedings if the patient hasn't already done so. Hence we all pay thousands of pounds every year to have our own professional indemnity insurance.

plasticpig

12,932 posts

255 months

Thursday 26th July 2018
quotequote all
98elise said:
Directors are not employees.
Not as simple as that. Directors can be employees. It's a murky legal area with case law for and against directors being considered as employees depending on the circumstances.


Red 4

10,744 posts

217 months

Thursday 26th July 2018
quotequote all
davidball said:
So police officers cannot be made individually liable and the tax payer foots the bill. Another aspect of police immunity. Why is this so?
How is that police immunity ?

Yet another anti-police thread from davidball.

You appear to have, er, issues.

Perhaps your time would be better spent in counselling or something rather than looking for answers you want but will never get on here.

Good luck.

tinnitusjosh

356 posts

102 months

Thursday 26th July 2018
quotequote all
davidball said:
So police officers cannot be made individually liable and the tax payer foots the bill. Another aspect of police immunity. Why is this so?
can't remember all the law off of the top of my head, but generally employers are responsible for the actions of their employees when those actions are closely connected with their employment. A police force is liable police officer doing police stuff (even negligently, wilfully badly etc.).

In relation to the police in particular, this has its own statute, where Section 88(1) of the Police Act 1996 holds a Chief Constable liable for the respect of actions committed by constables under his direction and control in the performance or purported performance of their functions and shall in respect of any such actions, be treated for all purposes as being jointly liable.

The fact that the office might be police uniform, wearing his communications radio, showing their police badge etc might indicate that the office was acting in the course of his employment, even though he may not have been on duty at the time.

In any event, why would you want to sue an individual? the force has much deeper pockets...

as to the 'immunity', you would assume that the offending officer would be disciplined somehow behind the scenes (a whole different thread...)


Greendubber

15,310 posts

233 months

Thursday 26th July 2018
quotequote all
Interested to hear about he other aspects of 'police immunity'


Then again it's David so I probably don't actually want to know.

pavarotti1980

6,347 posts

114 months

Friday 27th July 2018
quotequote all
Two words

Vicarious liability.

That will cover the vast majority of employees. And then on top of that their is personal indemnity insurance as well.
ps i know that was more than 2 words

over_the_hill

3,333 posts

276 months

Friday 27th July 2018
quotequote all
98elise said:
I certainly would not equate a police officer with a company director.

Edited by 98elise on Thursday 26th July 18:54
Why not - they are mostly shaven headed and powerfully built and tend to drive fast cars biggrin

Jasandjules

72,606 posts

259 months

Friday 27th July 2018
quotequote all
JamieBeeston said:
Name another job when an employee is individually and personally liable for a mistake they make at work ?
Almost all of them.