Now police recruits rejected for being colourblind sue for sex discrimination
(This article appeared in the Scottish Daily Mail on Wednesday August 27 2008)
By Jim McBeth
and Fiona Davidson
A recruit rejected by Scotland's largest police force because he is colour-blind is claiming to be a victim of indirect sex discrimination.
Robin Dixon had been accepted by Strathclyde Police but was turned down after the force discovered he suffers from a vision abnormality that prevents him from differentiating shades of green.
This form of colour blindness is usually found only in men.
Mr Dixon, 26, of East Kilbride, Lanarkshire, is the second man to be allowed to fight his case at an employment tribunal.
He and 29-year-old Graeme McCullie, of Kilmarnock, Ayrshire, had both lost disability discrimination cases actions against Strathclyde Police.
However, a tribunal in Glasgow yesterday ruled that, 'in the interests of justice and equity', Mr Dixon can join Mr McCullie in arguing a case based on sex discrimination.
The decision follows a landmark case in England, where a similar employment tribunal ruled that a police officer, relegated to desk duties after his superiors discovered his colourblindness, had been a subject of indirect sex dicrimination.
Mr Dixon, who is now working in a DIY superstore in Dublin, said he was delighted.
He added: "This is wonderful news. I feel I am on the last lap to some kind of justice.
"It was dreadful to be accepted in to the force, then told my life-long ambition was not to be. In spite of my colour blindness, I could have joined any force other than Strathclyde which has, I understand, rejected 16 candidates like me in recent years."
At the disability discrimination hearings, senior Strathclyde officers admitted that Mr Dixon and Mr McCullie were good applicants but claimed their colour blindness raised health and safety issues for the public and other officers.
After they lost their cases, the two men learned of the English tribunal's ruling and that their affliction was almost wholly confined to men. Last month they asked leave of the Glasgow tribunal to present a new case.
At the hearing, Strathclyde Police objected, claiming that as the complaint had not been presented within three months of the alleged discriminatory actm it was time-barred.
But tribunal chairman Michael MacMillan yesterday over-ruled the force's objection and allowed the two cases to proceed. They are expected to be heard towards the end of this year.
Mr Dixon, who was rejected by Strathclyde Police in Novemeber 2005, added: "It has been a long time but I'm glad we can fight on.
"I was told I would make a good police constable but they said there were concerns for the health and safety of other officers and the public.
"There were also, they claimed, concerns as to the reliability and credibility of evidence, which would mean my ability to distinguish colours being called into question.
"But the fact is that my form of red-green colour blindness is acceptable under the Police Scotland Regulations 2004 and I could join any other force.
"I was, in fact, invited to join Lothian & Borders but I felt it would be inappropriate while I was embroiled in thsi action against Strathclyde Police which continues to apply its own rules on the matter. I'm not certain what the future holds. I will have to wait on the outcome of the case. But at some point I would be delighted if I could wear a police uniform. It has always been my ambition."
Mr McCullie, who is working as a heating engineer, said: "I'm desperate to get this sorted out . If we are successful I would be delighted to again consider trying to become a policeman."
A spokesman for the Equality and Human Rights Commission Scotland said: "The onus will be on the police force to show that it was trying to achieve a legitimate aim and the action it took was proportionate."
A spokesman for Strathclyde Police said: 'With regard to Mr Dixon's claim to an employment tribunal, this has passed a time-bar argument and will, together with Mr McCillie's case, proceed to the next stage.'
Editor's Notes
By Jim McBeth
and Fiona Davidson
A recruit rejected by Scotland's largest police force because he is colour-blind is claiming to be a victim of indirect sex discrimination.
Robin Dixon had been accepted by Strathclyde Police but was turned down after the force discovered he suffers from a vision abnormality that prevents him from differentiating shades of green.
This form of colour blindness is usually found only in men.
Mr Dixon, 26, of East Kilbride, Lanarkshire, is the second man to be allowed to fight his case at an employment tribunal.
He and 29-year-old Graeme McCullie, of Kilmarnock, Ayrshire, had both lost disability discrimination cases actions against Strathclyde Police.
However, a tribunal in Glasgow yesterday ruled that, 'in the interests of justice and equity', Mr Dixon can join Mr McCullie in arguing a case based on sex discrimination.
The decision follows a landmark case in England, where a similar employment tribunal ruled that a police officer, relegated to desk duties after his superiors discovered his colourblindness, had been a subject of indirect sex dicrimination.
Mr Dixon, who is now working in a DIY superstore in Dublin, said he was delighted.
He added: "This is wonderful news. I feel I am on the last lap to some kind of justice.
"It was dreadful to be accepted in to the force, then told my life-long ambition was not to be. In spite of my colour blindness, I could have joined any force other than Strathclyde which has, I understand, rejected 16 candidates like me in recent years."
At the disability discrimination hearings, senior Strathclyde officers admitted that Mr Dixon and Mr McCullie were good applicants but claimed their colour blindness raised health and safety issues for the public and other officers.
After they lost their cases, the two men learned of the English tribunal's ruling and that their affliction was almost wholly confined to men. Last month they asked leave of the Glasgow tribunal to present a new case.
At the hearing, Strathclyde Police objected, claiming that as the complaint had not been presented within three months of the alleged discriminatory actm it was time-barred.
But tribunal chairman Michael MacMillan yesterday over-ruled the force's objection and allowed the two cases to proceed. They are expected to be heard towards the end of this year.
Mr Dixon, who was rejected by Strathclyde Police in Novemeber 2005, added: "It has been a long time but I'm glad we can fight on.
"I was told I would make a good police constable but they said there were concerns for the health and safety of other officers and the public.
"There were also, they claimed, concerns as to the reliability and credibility of evidence, which would mean my ability to distinguish colours being called into question.
"But the fact is that my form of red-green colour blindness is acceptable under the Police Scotland Regulations 2004 and I could join any other force.
"I was, in fact, invited to join Lothian & Borders but I felt it would be inappropriate while I was embroiled in thsi action against Strathclyde Police which continues to apply its own rules on the matter. I'm not certain what the future holds. I will have to wait on the outcome of the case. But at some point I would be delighted if I could wear a police uniform. It has always been my ambition."
Mr McCullie, who is working as a heating engineer, said: "I'm desperate to get this sorted out . If we are successful I would be delighted to again consider trying to become a policeman."
A spokesman for the Equality and Human Rights Commission Scotland said: "The onus will be on the police force to show that it was trying to achieve a legitimate aim and the action it took was proportionate."
A spokesman for Strathclyde Police said: 'With regard to Mr Dixon's claim to an employment tribunal, this has passed a time-bar argument and will, together with Mr McCillie's case, proceed to the next stage.'
Editor's Notes
- During his disability discrimination claim Mr Dixon was never afforded the opportunity to have his case heard, Strathclyde Police having employed legal technical strategies which resulted in the Tribunal determining that Mr Dixon's application had been submitted a few days late.
- Mr McCullie has never presented an application under disability discrimination.
Labels: colour blind, colour vision, disability discrimination, discrimination, police eyesight, sex discrimination, strathclyde police
posted by Absolutely PC at 7:33 pm
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