Take Care of Disability
from Scottish Perspective in Chamber HR
An interesting case is pending against Scotland's largest police force. Strathclyde police face a challenge following the rejection of eight candidates, in the past two years, because they had a form of red green colour blindness that is more prevalent in men. In the case of Webster v. Chief Constable of Hertfordshire Constabulary, an officer with some ten years service suffered discrimination because he had a form of colour blindness, where he could not distinguish shades of green. The Tribunal confirmed that this could amount to indirect sex discrimination.
The case against Strathclyde was initially rejected as being out of time but an appeal has been lodged. Employers need to take especial care with issues such as this, where there is a medical condition that might have a greater impact on one sex than the other, as this not only raises an issue of a disability claim but also a potential sex discrimination claim.
What may seem a simple matter for an employer can turn out very different in Tribunal. Never make assumptions about an employee, always take medical and professional advice and ensure that all options are considered. Seek professional help with what adjustments can be made and what funding could be available through the Access to Work Scheme.
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An interesting case is pending against Scotland's largest police force. Strathclyde police face a challenge following the rejection of eight candidates, in the past two years, because they had a form of red green colour blindness that is more prevalent in men. In the case of Webster v. Chief Constable of Hertfordshire Constabulary, an officer with some ten years service suffered discrimination because he had a form of colour blindness, where he could not distinguish shades of green. The Tribunal confirmed that this could amount to indirect sex discrimination.
The case against Strathclyde was initially rejected as being out of time but an appeal has been lodged. Employers need to take especial care with issues such as this, where there is a medical condition that might have a greater impact on one sex than the other, as this not only raises an issue of a disability claim but also a potential sex discrimination claim.
What may seem a simple matter for an employer can turn out very different in Tribunal. Never make assumptions about an employee, always take medical and professional advice and ensure that all options are considered. Seek professional help with what adjustments can be made and what funding could be available through the Access to Work Scheme.
Read original article
posted by Absolutely PC at 10:16 pm
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