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

art
  • 06 August 2026
  • Privacy and Data Protection

The rise of the AI-powered individual: Is your business ready?

Artificial intelligence is changing the data protection landscape, but perhaps not in the way many organisations expected. Much of the discussion has centred on businesses adopting AI and ensuring they comply with the UK GDPR.

Pub
  • 06 August 2026
  • Employment

Employment law changes in 2026: What you need to know

With ongoing changes to UK employment law, staying updated is more challenging than ever. Join Monica Atwal and Harry Berryman for a live webinar covering 2026 HR changes and key employment law updates on Thursday 17 September.

Pub
  • 04 August 2026
  • Employment

From Opportunity to Employment: Building Inclusive Workplaces Together | Hosted by Breakthrough Supported Employment

Join Breakthrough Supported Employment for a live seminar on building inclusive workplaces at Malmaison Reading. Clarkslegal’s Lucy White will speak alongside industry experts, sharing insights on fostering diversity and creating equitable opportunities.

art
  • 04 August 2026
  • Litigation and dispute resolution

Advantages of arbitration over litigation

Arbitration is a method of resolving disputes outside the court system, with the dispute being determined by an independent arbitrator or tribunal rather than a judge. Whether a dispute is best resolved through arbitration or litigation will ultimately depend on the particular facts and circumstances of the case.

art
  • 04 August 2026
  • Immigration

Home Office revokes EU Settlement Scheme Status ‘Granted in Error’ – What does This Mean for EU Citizens?

Recent reports that the Home Office has begun revoking the immigration status of some EU nationals on the basis that it was originally “granted in error” have caused understandable concern among immigration practitioners and those with status under the EU Settlement Scheme (EUSS).

art
  • 03 August 2026
  • Corporate and M&A

Shareholders’ Agreements FAQ Guide – SHA Series Part 1 of 5

Shareholders’ agreements are a crucial but often overlooked tool for companies with multiple owners. While many rely solely on standard articles of association, this can leave significant gaps in governance and protection.