The Commissioner of The City of London Police v Geldart UKEAT/0032/19/RN

Appeal against the ET’s judgment upholding the Claimant’s direct sex discrimination claim for partial non-payment of the London Allowance while on maternity leave, and awarding her compensation for injury to feelings. Appeal dismissed.

The Claimant is a serving Police Officer in London and, after giving birth, she took maternity leave before returning to work. During her maternity leave, she received London Allowance in full when she was paid in full, at half the usual rate when she received half pay, but not at all when she received no pay; this was in line with the Respondent's policy for paying male and female officers while on sick leave. The Claimant contended that she should have received the London Allowance in full throughout the period of her maternity leave, and she brought proceedings for sex discrimination. The ET upheld her claim, and the Respondent appealed on a number of grounds.

The EAT held, on the particular circumstances of this case, that, since the unchallenged position before the ET was that the Claimant was treated as she was because she was on maternity leave, the ET had been right to hold that the principle in Webb v EMO Air Cargo (UK) Ltd [1994] QB 718 meant that the Claimant did not have to prove that a man would have been treated differently. Accordingly, the appeal would be dismissed.

Published: 04/12/2019 18:05

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