Colour blind recruit fights 'sexist' force

Colour blind recruit fights 'sexist' force
by Ruairi O'Kane
Scottish Daily Express - Tuesday October 17 2006

Scotland's largest police force is bracing itself for a spate of sex discrimination cases following a row over the rejection of colour blind recruits.

In the past two years, Strathclyde Police rejected eight candidates with vision problems.

But a landmark legal case south of the Border found that a colour-blind officer faced indirect sexual discrimination because the condition is more common in men thanin women.

Now failed applicants may use the precedent to seek thusands of pounds in compensation.

Two years ago Robin Dixon's bid to join the police was rejected when he failed his medical because he was colour blind.

The 25-year-old, who suffers from anomalous trichromacy and has problems differentiating between shades of green, took Strathclyde Police to a Glasgow employment tribunal claiming disability discrimination.

But his complaint was rejected because it was time barred.

The store manager, from East Kilbride, is now considering a sex discrimination complaint.

His father, Robert, 55, said "We have only just been made aware of a case in England, where an officer succeeded in a sexual discrimination case.

"As far as we know, there are another seven people in the same boat as Robin who could tkae action against Strathclyde Police.

"It was always Robin's ambition to join the police.

"He is distraught that he has not been accepted after being considered suitable in every other way.

"In fact, other force, including the Met, have said he would be acceptable to join them."

A spokeswoman for Strathclyde Police said it was inappropriate to comment on Mr Dixon's case as he had lodged an employment tribunal appeal.

SNP MSP Linda Fabiani raised the issue last year when she asked Justice Minister Cathy Jamieson if she thought anomalous trichromacy was sufficient reason to debar an applicant from entry to the police service.

Ms Jamieson said: "While the Scottish Executive has issued guidance on eyesight standards, appointment to the police service is ultimately a matter for the chief constable."

A police source said: "The way it works, this guy could probably apply to Lothian and Borders and get in."

Beware of Good Advice

When involved with an employment situation which may be discrinatory toward you, take careful note of the date when the action which commences this situation happens.

Good advice and best practice in such situations is to do everything in your power to resolve the situation. However, your enthusiasm for resolving the situation may not be reciprocated by your employer.

If you are in a situation of seeking recruitment to a job, take even greater note of the date on which you percieve discrimination to first take place. There is only limited direction in recruitment situations and, although there is supposed to be an emphasis on disability and recruitment, the reality is that you have very limited rights indeed.

The date on which discrimination occurs is exremely important because it starts the clock ticking on when you need to submit an application to an Employment Tribunal should you decide to go down this route. It is very important to make your application in plenty of time - earlier if possible but certainly not late.

Getting an Employment Tribunal in early will save you considerable stress at a later date.

Be certain that the date you are using is the earliest possible date. Employers, especially if they happen to be a cash-rich employer such as a public body and can therefore afford to spend our hard earned money on high-flying legal types, will do everything in their power to frustrate your legitimate claim. Getting your dates wrong can result in a claim of timebar against your application.

While following best advice and best practice is all very laudible, you can be sure that your employer will be more interested in getting off the hook.

So make your Employment Tribunal claims in plenty of time.

Police face legal battle over colour blindness

Police face legal battle over colour blindness
by JAMES MORGAN
The Herald October 17 2006

SCOTLAND'S largest police force is set to be challenged under sex discrimination laws after a row over colour-blind recruits.

Strathclyde Police rejected eight candidates in the past two years for having a form of red-green colour blindness usually only found in men.

But a landmark legal case in England has found that a colour-blind officer faced indirect sexual discrimination.

The ruling, at a tribunal against Hertfordshire Constabulary, could pave the way for a series of challenges to Strathclyde Police by candidates rejected because they were colour blind.

The family of Robin Dixon, 25, from East Kilbride, confirmed yesterday they would contest his rejection under sex discrimination laws.

His mother, Mari Dixon, said: "Robin is distraught that he has not been accepted after being suitable in every other way. His condition means he only has problems differentiating between shades of green.

"Strathclyde Police are saying he is medically unfit because of his colour vision. But we are appealing because red-green colour blindness is acceptable under the Police Scotland Regulations 2004.

"In the light of the Hertfordshire decision, we will also be trying to take this to a tribunal on the basis of sex discrimination."

Mr Dixon took his rejection to an employment tribunal but his complaint was rejected because it was time-barred.

The Dixons have now lodged an employment tribunal appeal in which they intend to argue that Mr Dixon has suffered indirect sexual discrimination.

Peter O'Donnell, a senior case work officer at the Equal Opportunities Commission Scotland, said: "The onus will be on the police force to show that they were trying to achieve a legitimate aim and the action they took was proportionate."

A Strathclyde Police spokeswoman said they could not comment on specific cases.


original article http://www.theherald.co.uk/news/72310.html

Force faces discrimination claims

Force faces discrimination claims
from the BBC website


Scotland's largest police force could face a number of sex discrimination cases following a row over the rejection of colourblind recruits.

Strathclyde Police rejected eight candidates in the last two years for having a form of colourblindness usually only found in men.

But a landmark legal case in England found that a colourblind officer faced indirect sexual discrimination.

Candidates may now use the precedent to seek thousands in compensation.

Robin Dixon was one candidate who was turned down by Strathclyde Police.

His family hoped that the precedent set by the tribunal against Hertfordshire Constabulary could be used in Scotland.

He has been made to feel that he is a total liability and we are considering pursuing this as a sexual discrimination case
Mari Dixon

His mother Mari Dixon, from East Kilbride, said: "This has been a David versus Goliath case, with the country's largest force digging their heels in.

"There is something very wrong here when the force rejects candidates despite the evidence.

"His condition means that he only has problems differentiating between shades of green. He is distraught that he has not been accepted after being suitable in every other way.

"He has been made to feel that he is a total liability and we are considering pursuing this as a sexual discrimination case."

Mr Dixon took his rejection to an employment tribunal but his complaint against Strathclyde Police was rejected on a technicality as it was time-barred.

His application was rejected despite being told by Ch Insp Douglas Campbell that he would have made a good constable.

Lynn Welsh, the Disability Rights Commission's head of Scottish legal affairs, called for clarification over the issue of colourblind recruits.

She said: "There is an issue around whether colourblindness is a disability or not under the Disability Discrimination Act.

"It depends on whether it has a substantial long-term effect on the person's ability to carry out normal day-to-day activities and so any reasonable adjustments made under the DDA would depend on the individual concerned."

A Strathclyde Police spokeswoman said that they could not comment on specific cases, such as Mr Dixon's, because he had lodged an employment tribunal appeal.


Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/scotland/glasgow_and_west/6045128.stm

Published: 2006/10/16 10:06:30 GMT
An abridged version of this story also appeared on BBC Ceefax

Colour-blind man rejected as cop loses tribunal fight

Colour-blind man rejected as cop loses tribunal fight
from the Evening Times


A MAN whose bid to join the police was rejected because he's colour blind has lost a disability discrimination claim.

Robin Dixon was knocked back as a police recruit after a medical.

He took Strathclyde Police to a Glasgow employment tribunal, claiming disability discrimination.

But after a preliminary hearing, the tribunal rejected his complaint - because it was time-barred.

Mr Dixon, of Daer Way, Hamilton, applied to become a constable in 2004 and was referred to a specialist for an examination regarding his colour vision.

He was later advised his application had been referred to the police's director of human resources "for consideration of reasonable adjustments which may enable you to carry out operational duties".

He received another letter saying it had been decided there were no reasonable adjustments.

Mr Dixon wrote to the Chief Constable and was told his application was being reviewed.

At a meeting last November with Chief Inspector Douglas Campbell he was told he would have made a good constable - but his application would not be progressed.

Mr Dixon wrote another letter to the Chief Constable and his parents asked MSP Andy Kerr to help.

Tribunal chairman Jane Garvie found Mr Dixon's complaint, lodged on February 15, was outwith the three-month time limit, as the final act of discrimination was on November 4, 2005.

18/08/06
original story http://www.eveningtimes.co.uk/hi/news/5056143.html

Man loses colour blind bias claim

Man loses colour blind bias claim
from BBC website


An aspiring policeman who had his application turned down because he was colour blind has lost his disability discrimination claim.

Robin Dixon's complaint against Strathclyde Police was rejected on a technicality as it was time-barred.

Mr Dixon, of Daer Way, Hamilton, applied to join the force in 2004.

His application was rejected despite being told by Chief Inspector Douglas Campbell that he would have made a good constable.

Mr Dixon raised his disability discrimination complaint against the force following a medical.


Good constable

He had been referred to a specialist for an examination regarding his colour vision.

Mr Dixon was later advised that his application had been referred to the director of human resources at Strathclyde Police for "consideration of reasonable adjustments which may enable you to carry out operational policing duties".

He subsequently received another letter stating that it had been decided nothing could be done.

"Consequently, I regret to inform you that I am unable to progress your application further," it said.

Mr Dixon then wrote to the chief constable and received a reply stating his application was being reviewed in respect of "colour blindness and the subsequent impact that this condition may have on your ability to carry out the roles, functions and activities of an operational constable".

He was advised at a meeting in November last year with Mr Campbell that he would have made a good police constable but his application would not be progressed.


Police circular

Mr Dixon wrote another letter to the chief constable in the hope that his case would be looked at again while his parents contacted MSP Andy Kerr. A police circular about eyesight standards was highlighted.

Strathclyde Police responded that it was for guidance only and ultimately the decision rested with the chief constable.

Mr Campbell said he explained to Mr Dixon that consideration had been given to the initial proposal that he be accompanied by other police officers while on duty, but this was not considered to be feasible.

He also explained there were concerns about not only his own health and safety but also that of other officers and the general public.

He explained there were also concerns as to the reliability and credibility of evidence, which would rely on Mr Dixon's ability to distinguish colours being called into question.

Tribunal chairman Jane Garvie found that Mr Dixon's complaint, lodged on 15 February, 2006, was outwith the three-month time limit, as the final act of alleged discrimination was on 4 November, 2005.


Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/scotland/glasgow_and_west/5260364.stm

Published: 2006/08/17 16:05:26 GMT

Living in Strathclyde Police State

50% of the Scottish People are served by a police force which claims it does not require to comply with laws or direction from the Scottish Executive.

Strathclyde Police have rejected at least eight applicants for employment as police officers on the sole ground that they have a minor abnormality in their colour vision.

This decision is despite the fact that the Scottish Executive have laid down standards in law against which the police are supposed to judge the suitablity of applicants.

Strathclyde Police, however, state that the Police Regulations are only for their guidance and the Chief Constable has the final say on how they apply them.

It seems that those living in the former Strathclyde Regional Council do not require to take heed of our Scottish Parliament. We have, in its place, the dictatorship of Strathclyde Police !