Key Facts
- •Ms Clark and Mrs Bell, former police officers, suffered work-related injuries leading to total and permanent disablement.
- •They were denied disablement gratuities under regulation 12 of the Police Injury Benefit Regulations 2006 (PIBR 2006) because their disablement occurred more than 12 months after their injuries.
- •They claimed disability discrimination under sections 61 and 108 of the Equality Act 2010 (EqA), and Ms Clark also relied on EU law.
- •The Employment Tribunal (ET) found jurisdiction under section 61 EqA, but not section 108.
Legal Principles
Disability discrimination
Equality Act 2010 (EqA)
Jurisdiction of Employment Tribunal
Equality Act 2010 (EqA), section 120(1)
Definition of 'occupational pension scheme'
Pension Schemes Act 1993 (PSA 1993), section 1
Principle of equal pay for equal work
Article 157 Treaty on the Functioning of the EU (TFEU)
EU Framework Directive on Equal Treatment
EU Directive 2000/78
Principle of equivalence and effectiveness under EU law
EU Law
Outcomes
Appeal allowed; cross-appeal dismissed.
The ET erred in its construction of section 1 PSA 1993. Regulation 12 PIBR 2006 does not provide benefits 'on retirement' or 'on termination of service' as required by the PSA 1993 definition. The benefit is not 'pay' under EU law and thus does not fall under the Framework Directive. The ET correctly dismissed the section 108 claim.