The High Court of Justice of Madrid (TSJM) has granted the request of a national police officer who was assigned to Tenerife, compelling the CNP to cover the expenses for clothing necessitated by the requirement to perform his duties in civilian attire rather than the standard uniform.
Nevertheless, as noted previously, compensation was only acknowledged for the period between 2017 and 2021, the latter being the year a ruling was delivered by the Supreme Court (SC) in this respect, which encompassed the prior four years.
The defendant Administration, on the other hand, dismissed this police officer’s appeal, contending that such recognition only applied to officers tasked with the protection of individuals, in which cases it is necessary to don different attire to that typically worn by non-uniformed personnel.
The officer had been assigned since April 2005 to various teams, including that of Santa Cruz de Tenerife and the local police station in Ferrol. He argued that when working in plain clothes, he was required to wear his personal clothing, which he deemed a breach of the principle of equality in relation to other members of the Corps.
He contested the Supreme Court’s ruling recognising this right, asserting that “the claim presented is entirely justified, and the failure to allocate this supplement to other officials contravenes the principle of equality.” In that instance in 2021, eight police officers who appealed to the Supreme Court were awarded nearly 46,000 euros.
The TSJM regards itself as bound by the TS ruling and concurs that CNP officials exempt from wearing uniforms should receive compensation, which should be established annually. However, the 2021 ruling acknowledged that it applied to the four preceding years.
The appeal may, nonetheless, be re-evaluated by the Supreme Court.
