Labour Research January 2020

Law Matters

Failure to pay allowance was direct discrimination

The City of London Police’s failure to pay a police officer’s London Allowance throughout her maternity leave was direct sex discrimination, the employment appeal tribunal (EAT) has confirmed in Commissioner of the City of London Police v Geldart UKEAT/0032/19. 


The London allowance was introduced to help recruit police officers in the capital. 


PC Geldart received the allowance during the first part of her maternity leave when she was on full pay. 


But it was halved when she went onto half pay and withdrawn for the final part of her maternity leave, which was unpaid. 


The EAT said this was not an allowance that is only paid to a police officer who is working, and there was nothing in the contractual terms that specified it was not to be paid during the leave. Geldart was awarded £4,000 in injury to feelings.

www.bailii.org/uk/cases/UKEAT/2019/0032_19_2911.html