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
  • 28 November 2025
  • Commercial Real Estate

Auction Sales: Key Things to Consider

Buying or selling a property at auction can offer both buyers and sellers unique advantages, but it also comes with potential risks.

art
  • 26 November 2025
  • Employment

The Data Use and Access Act 2025 – how to handle data protection complaints

This article will focus on, in particular, the requirement for data controllers to ensure that, by June 2026, appropriate complaint procedures are put in place (s 103).

art
  • 20 November 2025
  • Immigration

The Innovator Founder Visa: What It Is & How Recent Home Office Changes Empower Student Entrepreneurs

The UK’s Innovator Founder visa is designed to attract ambitious entrepreneurs who can build innovative, viable, and scalable businesses in the UK.

art
  • 18 November 2025
  • Employment

Employment Rights Bill – Enhanced protections for pregnant women and new mothers

The Employment Rights Bill will make it unlawful to dismiss pregnant women, mothers on maternity leave and mothers who return to work for at least six months after they return to work, expect for specific circumstances.

art
  • 12 November 2025
  • Employment

GDPR: Who are data controllers and processors?

Controllers and processors have a different set of responsibilities, and have various responsibilities when dealing with data breaches.

Pub
  • 11 November 2025
  • Corporate and M&A

The Autumn Budget 2025: Key considerations for business buyers and sellers

Join Stuart Mullins and Nicky Goringe Larkin as they discuss some of the likely implications of the Autumn Budget 2025 for those looking to buy and sell businesses.