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.

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.

Author profile

About this article

Read, listen and watch our latest insights

Pub
  • 07 May 2026
  • Employment

Employment Rights Act 2025: Key Changes for Employers

Join Katie Glendinning and Lucy White for a live webinar as they break down the key changes introduced by the Employment Rights Act 2025, offering clear insights into what these reforms mean in practice for employers and HR professionals.

art
  • 07 May 2026
  • Public Procurement

What the First Procurement Act 2023 Judgment Means for Automatic Suspension

It has been more than a year since the Procurement Act 2023 (PA23) came into force in February 2025, and the long wait for the first High Court judgment on the Act to be published is finally over.

art
  • 06 May 2026
  • Corporate and M&A

Community Interest Companies – What do you need to know?

This article seeks to provide an overview of the CIC structure’s key characteristics, the types of enterprises it suits, and some practical tips on the application process.

art
  • 06 May 2026
  • Privacy and Data Protection

Use of Personal Devices at Work: Why a Bring Your Own Device Policy is Essential

If you have employees who bring their own devices into the workplace and use said devices to deal with company data, you may want to consider a Bring Your Own Device (“BYOD”) policy.

art
  • 29 April 2026
  • Privacy and Data Protection

UK Data Protection – what’s new?

Having come into force on 19 June 2025, it comes as no surprise that we are now seeing the effects of the Data (Use and Access) Act 2025 (‘DUAA’). This article highlights a few of DUAA’s fundamental reforms, delves into one in particular, and examines how this will impact the recruitment sphere.

art
  • 29 April 2026
  • Employment

Employment Rights Act: Changing key contract terms will be harder from January 2027

The Employment Rights Act 2025 (“ERA 2025”) introduces a new regime that restricts how employers can change certain core contractual terms, with the key provisions now expected to commence on 1 January 2027.