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CA rules police disablement gratuity not occupational pension scheme

In Clarke v Chief Constable of Derbyshire Constabulary [2024] EWCA Civ 676, the Court of Appeal had to consider whether the employment tribunal has jurisdiction under the Equality Act 2010 to determine whether the payment of a disablement gratuity to a former police officer gives rise to unlawful discrimination, which turned on whether the gratuity constituted an “occupational pension scheme” within the meaning of s.1 of the Pension Schemes Act 1993. The gratuity, payable under reg.12 of the Police (Injury Benefit) Regulations 2006, arose where a police officer was injured in the execution of their duty, ceased or had ceased to be a member of a police force, and within 12 months of receiving the injury became totally and permanently disabled as a result of the injury. The Court held that the gratuity was not an occupational pension scheme, as the relevant part of the definition required the benefit to be provided “on retirement” or “on termination of service”, and the payment of the gratuity was not triggered by either retirement or termination of service – in particular, there was no requirement for any causal connection between the person ceasing to be an officer and both suffering the injury and  becoming totally and permanently disabled.

 

The judgment can be found here.

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