Chief Constable of Derbyshire Constabulary & Ors v N Clark & Anor

Chief Constable of Derbyshire Constabulary & Ors v N Clark & Anor

Regulation 12 PIBR 2006 does not provide benefits payable on retirement or termination of service as required by section 1 Pension Schemes Act 1993, but only after cessation of service and upon satisfaction of additional conditions. Therefore, it is not part of an occupational pension scheme for the purposes of section 61 Equality Act 2010, and the Employment Tribunal lacks jurisdiction. The benefit is not 'pay' under EU law, so no directly effective right arises under the Framework Directive.

Parties
Appellant/respondent to Cross Appeal: Chief Constable of Derbyshire Constabulary; Appellant/respondent to Cross Appeal: Chief Constable of West Midlands Constabulary; Appellant/respondent to Cross Appeal: Secretary of State for Home Department; Respondent/appellant in Cross Appeal: Ms N Clark; Respondent/appellant in Cross Appeal: Mrs M Bell
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Employment Appeal / Judgment on Appeal and Cross Appeal
Outcome
appeal allowed, cross-appeal dismissed
Legal Topics
Jurisdiction of Employment Tribunal, Definition of Occupational Pension Scheme, Disability Discrimination Under Equality Act 2010, Police Injury Benefit Regulations 2006, EU Law and Framework Directive
Employment Law Disability Discrimination Pensions Law Jurisdiction of Employment Tribunal Definition of Occupational Pension Scheme Disability Discrimination Under Equality Act 2010 Police Injury Benefit Regulations 2006 EU Law and Framework Directive

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Parties

Chief Constable of Derbyshire Constabulary

Appellant/respondent to Cross Appeal

Chief Constable of West Midlands Constabulary

Appellant/respondent to Cross Appeal

Secretary of State for Home Department

Appellant/respondent to Cross Appeal

Ms N Clark

Respondent/appellant in Cross Appeal

Mrs M Bell

Respondent/appellant in Cross Appeal

Procedural Posture

Employment Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal has jurisdiction under section 61 Equality Act 2010 to hear claims of disability discrimination arising from regulation 12 Police Injury Benefit Regulations 2006
  2. 2 Whether regulation 12 PIBR 2006 constitutes part of an occupational pension scheme under section 1 Pension Schemes Act 1993
  3. 3 Whether the claimants have a directly effective right under EU law to bring their claims before the Employment Tribunal

Ratio Decidendi

Regulation 12 PIBR 2006 does not provide benefits payable on retirement or termination of service as required by section 1 Pension Schemes Act 1993, but only after cessation of service and upon satisfaction of additional conditions. Therefore, it is not part of an occupational pension scheme for the purposes of section 61 Equality Act 2010, and the Employment Tribunal lacks jurisdiction. The benefit is not 'pay' under EU law, so no directly effective right arises under the Framework Directive.

Court Disposition

appeal allowed, cross-appeal dismissed

Orders

  • Employment Tribunal's decision on section 61 Equality Act 2010 jurisdiction set aside
  • Employment Tribunal has no jurisdiction to hear the claims under section 61 EqA