Chief Constable of Derbyshire v Clark & Anor [2023]

Posted In: Case Law
  • Decision Number
    EAT 135
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Disability Discrimination; Occupational Pension

Background: 

The issue related to Regulation 12 of the Police (Injury Benefit) Regulations 2006 which provided for a lump sum gratuity where the individual was injured on duty without their own fault, they had ceased to be a member of the police force and within 12 months of the injury were totally and permanently disabled.  The claimants had received an injury award under Regulation 11 when they retired on the grounds of permanent disabilityHowever, they were refused a Regulation 12 gratuity as their permanent disablement came more than 12 months after their injuries. 

The argument raised by the claimants was that the refusal of Regulation 12 amounted to

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This article is correct at 31/10/2023
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL
Barrister

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

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