Category Archives: News

High Court ruling on disability retirements and injury pensions

The High Court has ruled that police officers retired due to disability should not have to be reassessed by a doctor in order to qualify for an injury pension. This follows a challenge by former Cheshire Constabulary officer Mark Evans, who retired in receipt of a disability pension but was later refused an additional injury pension, following a medical assessment arranged by his ex-employer.

The ruling established the principle that officers retired through permanent disablement should not be subject to later medical challenges in respect of their entitlement to a pension.

Futher reading:

Police Oracle article (registration required)
Injury On Duty Pensioners Association article
Analysis by David Lock QC (LinkedIn)
High Court decision (British & Irish Legal Information Institute)

‘Pre-cancerous’ conditions found to be a disability under the Equality Act

The Employment Appeal Tribunal (EAT) has ruled that ‘cancer’ for the purposes of the Equality Act 2010 includes pre-cancerous lesions, as it upheld the unfair dismissal appeal of a woman who suffered from a lesion that could have become malignant.

In the case of Lofty v Hamis, the EAT considered the definition of a disability under the Equality Act.

Read the full report published by People Management (16/03/2018)