Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales) to decide if Employment Tribunal has jurisdiction over disability discrimination claims about Police Injury Benefit Regulation 12; Home Secretary argues gratuity, not pension.

Published on: 29 May 2024

Published by a Law360 reporter

Legal News

Article summary

Adam Tolley KC of Fountain Court Chambers, acting for the Home Secretary, contended that two police officers injured on duty who later became disabled should be prevented from using the Employment Tribunal to pursue disability discrimination claims. He told the court that such matters ought not to be heard by an employment tribunal but resolved in another forum instead, elsewhere. In other circumstances the officers might reasonably have qualified for a payment under regulation 12 of the Police Injury Benefit Regulations, yet that provision applies solely to officers who depart the force within 12 months of the injury. In the two cases, brought by N Clark of Derbyshire Constabulary and Michaela Bell of West Midlands Police, each maintains that their impairments emerged gradually over time and that they fell foul of the time bar. Tolley further argued they should not be permitted to assert before the Employment Tribunal that this 12-month deadline amounts to disability discrimination. The Employment Appeal Tribunal agreed, and the two injured officers...

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