Strathclyde Continues Discriminating

Dateline - October 2008

Strathclyde Police continue to discriminate against men who are diagnosed as having moderate colour vision deficiency.

Why is this discrimination? Because

1. according to the Medical Advisors to the Scottish Police Service (MASPS) "Full colour vision is not a requirement of the role of an Operational Police Constable" and
2. according to the Scottish Ministers "Severe anomalous trichromats and dichromats are acceptable" for recruitment into the Scottish Police Service.

Dave thought he was on the way to becoming an officer with the Strathclyde police, having successfully reached the final interview stage.

Dave had been told by his optician that he had mild colour vision abnormaily but an examination at Caledonian University classed him as moderate deutanomalous trichromat - broadly meaning he would have difficulty in determining shades of green.

Wondering what this might mean to his chances of becoming a police officer, he asked others for advice. "Don't worry" was the reply he received - "red/Green is fine mate. Try not to worry! Been there before as you know and you'll be fine!!!" - "I have red green and passed. sometimes you have to be aware of the limitations and may not be able to be in FSU, but other than that you will be fine!"

And when Dave read the information available on the Scottish Government website and the PoliceCouldYou website they both said the same - "acceptable".

But Dave's hopes of serving in his local police force were dashed when he received a letter of rejection about a month later.

Initially devastated, Dave made enquiries of other forces, to be told that he would be acceptable as per the Regulations. Dave is now considering applying to another force, even though they are not his local force, and said "I just hope one day Strathclyde Police fall into line with the Scottish Minister's, the Home Office, the Police Federation (Scotland) and MASPS (Medical Advisers to the Scottish Police Service) as well as the rest of the forces up and down the country."

While Strathclyde Police continue to to arogantly defy the law of the land, at the same time two Discrimination cases continue their way through the Employment Tribunal in Glasgow. Perhaps sometime soon the courts will force Strathclyde Police to have some respect for the law.

Case "could set a precedent"

From the Freeth Cartwright Employment Review September 2008

Pre Employment Discrimination

A graduate who had his initial application for the Strathclyde Police turned down due to his colour blindness has successfully won the right to a tribunal hearing on the grounds of sex discrimination.

Robin Dixon, 26 of East Kilbride, who lost his initial claim of disability discrimination, joins Graeme McCullie 29, whose application to Strathclyde Police was also turned down due to his colour-blindness, in bringing a claim of indirect sex discrimination as men are more prone to suffer from colour-blindness than women.

Chief Inspector Douglas Campbell told Mr Dixon’s previous tribunal that Mr Dixon would have made a good police constable but his application would not be progressed, as there were concerns about his own health and safety, the safety of other officers and the general public. His mother Marie Dixon, from East Kilbride, said: “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.”

Although this case has not yet been heard, it is predicted it could set a precedent for claims against employers who refuse applications on the basis of colour blindness or other such medical condition.

It is best practice for employers not to adopt such a blanket refusal of job applicants based on a medical condition but to assess each individual applicant on their own merits to avoid any claims for disability and/or sex discrimination. This can be done, depending on the condition, by referral to an occupational therapist or an assessment by a GP.