Chief Constable of Derbyshire Constabulary v Clark - Viewing document

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The Industrial Cases Reports

[2024] ICR 239

Employment Appeal Tribunal

Chief Constable of Derbyshire Constabulary and another

Clark

Chief Constable of West Midlands Constabulary and another

Bell

[2023] EAT 135

2023 July 25;
Oct 23

Eady J (President)

Police— Pension— Disablement gratuity— Police officer retiring due to injury suffered in execution of duty— Disablement gratuity refused due to time between injury and permanent disablement exceeding 12 months— Claim of disability discrimination— Whether employment tribunal having jurisdiction to hear claim— Whether gratuity “occupational pension scheme”— Whether “pay” for purposes of claim under EU law— Pension Schemes Act 1993 (c 48), s 1 — Equality Act 2010 (c 15), ss 61, 108 — Police (Injury Benefit) Regulations 2006 (SI 2006/932), reg 12 — Council Directive 2000/78/EC, art 3 — Treaty on the Functioning of the European Union , art 157

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