Police recruits in colour blindness discrimination claim
from Workplace Law 5 September 2007
Two police recruits turned down for positions because they have a form of colour-blindness only found in men, are claiming sex discrimination.
Graeme McCullie and Robin Dixon are taking the Strathclyde Police Force to an Employment Tribunal because they claim the force’s decision was discriminatory.
Strathclyde Police, the largest police force in Scotland, has rejected eight candidates in the last three years for having a form of colour-blindness that disables them from seeing different shades of colour, believing that employing officers with the condition would raise various safety issues.
Dixon previously lost a disability discrimination claim against Strathclyde Police over the same issue, but a recent case in England has found that a colour-blind officer faced indirect sexual discrimination because this type of colour-blindness only affects men. Candidates turned down by Strathclyde could now use this precedent to bring cases against the force.
Peter O'Donnell, of the Equal Opportunities Commission Scotland, commented that:
"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."
Colour-blindness is still yet to be classed as a disability under the Disability Discrimination Act.
Lynn Welsh, the Disability Rights Commission's Head of Scottish Legal Affairs, called for clarification over the issue of colour-blind recruits.
“It depends on whether it has a substantial long-term effect on the person's ability to carry out normal day-to-day activities.”
The new Tribunal claim – that Dixon and McCullie are being discriminated against because of their sex – is currently in the preliminary stages.
Two police recruits turned down for positions because they have a form of colour-blindness only found in men, are claiming sex discrimination.
Graeme McCullie and Robin Dixon are taking the Strathclyde Police Force to an Employment Tribunal because they claim the force’s decision was discriminatory.
Strathclyde Police, the largest police force in Scotland, has rejected eight candidates in the last three years for having a form of colour-blindness that disables them from seeing different shades of colour, believing that employing officers with the condition would raise various safety issues.
Dixon previously lost a disability discrimination claim against Strathclyde Police over the same issue, but a recent case in England has found that a colour-blind officer faced indirect sexual discrimination because this type of colour-blindness only affects men. Candidates turned down by Strathclyde could now use this precedent to bring cases against the force.
Peter O'Donnell, of the Equal Opportunities Commission Scotland, commented that:
"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."
Colour-blindness is still yet to be classed as a disability under the Disability Discrimination Act.
Lynn Welsh, the Disability Rights Commission's Head of Scottish Legal Affairs, called for clarification over the issue of colour-blind recruits.
“It depends on whether it has a substantial long-term effect on the person's ability to carry out normal day-to-day activities.”
The new Tribunal claim – that Dixon and McCullie are being discriminated against because of their sex – is currently in the preliminary stages.
posted by Absolutely PC at 4:28 pm
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