Chief Constable of Gwent Police v Parsons and another UKEAT/0143/18/DA

Appeal against the ET’s finding that the capping of the compensation lump sums payable to the Claimants was discriminatory. Appeal dismissed.

The Claimants were long-standing police officers and were certified as "disabled" for the purposes of the Equality Act 2010 ("EqA" 2010). They applied to leave the police force under a "voluntary exit scheme" and were told that their compensation lump sum would be capped at six months' pay, rather than 21 and 18 months' pay respectively to which they would otherwise be entitled, on the basis that "differing factors" applied to them. The Claimants brought a claim in the ET under section 15 EqA 2010, contending that the capping of their payments was unfavourable treatment, the "differing factors" constituted "something arising in consequence of" their disability, and the treatment was not a proportionate means of achieving a legitimate aim. The ET found in favour of the Claimants on each issue, and the Respondent appealed, contending that the ET's finding on each issue involved an error of law.

The EAT held that the ET did not err in law in relation to any of the issues, and dismissed the appeal.

Published: 05/03/2020 12:58

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