Search

How can we help?

Icon

Capping exit pay-out for disabled police officers to prevent ‘windfall’ was discrimination

In Chief Constable of Gwent Police v Parsons and Roberts, the claimants were two police officers who were disabled under the Equality Act.  Due to their disabilities they were in possession of ‘H1 Certificates’ which allowed them immediate access to a deferred pension on leaving the police.

The police force provided an exit scheme analogous to a redundancy scheme.  Under this scheme, the claimants were entitled to 21 and 8 months’ pay respectively but the police force decided to cap this to 6 months’ pay on the basis that their entitlement to a deferred pension alongside this would have given them a ‘windfall’.

Due to their disabilities they were in possession of ‘H1 Certificates’

The Employment Appeal Tribunal (EAT) found that this amounted to unfavourable treatment arising in consequence of the claimants’ disabilities.  It held that, whilst preventing a windfall may amount to a legitimate aim, here there was no evidence that the claimants would have received more from the full compensation sum then they would have got had they remained in employment until retirement.  The mere fact that they got the deferred pension was not enough to amount a windfall.

This case is a reminder of the complexities relating to claims of discrimination arising from disability.  It is also a reminder of the importance of presenting evidence to the tribunal to support arguments as the police force, in this case, did not put forward sufficient financial information relating to the alleged windfall the claimants would receive.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 13 June 2025
  • Employment

Human Resources – A Shift Towards artificial intelligence?

On 6 May 2025, the SRA authorised the first law firm providing legal services through artificial intelligence. Garfield.Law will provide an AI-powered tool which can assist businesses with the small claims court process, to aid in recovering unpaid debts.

art
  • 11 June 2025
  • Employment

Employment Contracts and Specific Performance

‘Specific performance’ is a type of equitable remedy available, in some circumstances, and at the court’s discretion, for breach of contract; it entails an order by the court which legally compels a party to a contract to fulfil its contractual obligations.

art
  • 10 June 2025
  • Commercial Real Estate

Taking a commercial lease: The main points to negotiate when agreeing the Heads of Terms

What are the key areas tenants may want to pay particular attention to when agreeing to the Heads of Terms (HoTs).

art
  • 09 June 2025
  • Employment

Clarkslegal representing UK employers at the International Labour Conference

I am writing this from Geneva, where I once again have the honour of attending the International Labour Organisation’s International Labour Conference.

art
  • 06 June 2025
  • Immigration

MAC Report: Immigration Support for IT and Engineering Professionals

On 29 May 2025, the Migration Advisory Committee (MAC) published its much-anticipated review on the use of the UK immigration system by professionals in IT and engineering.

art
  • 04 June 2025
  • Corporate and M&A

Authorised Corporate Service Providers – what you need to know!

The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) intends to enhance the transparency of corporate structures with an aim to reduce economic crime.