Page 16 - Insight Issue 1 _ 2018

What we call

“the Winsor risk”

Jonathan Belcham

When Tom Winsor undertook his Independent
Review of Police Offcer and Staff Remuneration
and Conditions in 2010 the way that we have
had to approach personal injury cases changed
considerably. This is even more relevant today Since none of us possess a crystal ball to gaze into the
with the Home Offce seeking to implement a future, we are entitled to claim on your behalf any such
set of new regulations to allow for the dismissal risk which applies before settlement of your claim. This
of offcers who are medically unft for offcer point must be raised before settlement of your claim.
roles, but who do not meet the strict permanent If this point is ignored, you face the prospect of not
disablement criteria for ill health retirement. being adequately compensated.

The reforms placed an additional burden on offcers Please note we are also entitled to claim such a risk
to the extent that the effect of the Winsor reforms (with appropriate evidence in support), if you have
appeared to be in part, to ensure as many offcers as returned after an accident to front-line duties but
possible remained on full time front line duties. where in reality, you should really be on restricted
duties due to the on-going pain and restriction you are
The reforms can apply in a punitive way to those experiencing or where the medical evidence suggests
offcers who are not able to return to front-line duties a worsening in your condition in the future so that
and are placed on restricted or adjusted duties, and you will have no option but to be placed on adjusted
where those offcers face a risk of medical retirement, duties before your retirement.
as a result.

Ensure if you have an accident that leaves you
In personal injury litigation, if an offcer faces the risk struggling to cope at work that you speak to a lawyer
of monetary loss in the future, this risk may equate to who understands all the issues relating to Police pay
additional damages or compensation to compensate and conditions. At Ralli we are alive to all the issues
an injured offcer, even for the risk of a reduction in and will ensure that you are protected against the risks
earnings/medical retirement. that may present with ongoing disability.

This applies so long as the risk of this loss applying is
more than fanciful, but even a 5% or 10% risk of a loss
in the future, can equate to additional damages.

Jonathan Belcham holds regular
surgeries at Merseyside Police
Federation – if you have concerns
“At Ralli we are alive to all the or a possible claim that you would

issues and will ensure that you like to discuss frst, just contact

are protected against the risks the Federation offce to make an
that may present with ongoing appointment or contact Ralli directly.

disability
”

16 Insight Magazine of Merseyside Police Federation - Issue 1 of 2018 • www.merpolfed.org.uk

Insight Issue 1 _ 2018.indd 16 22/03/2018 08:51