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.
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.
Labels: colour blind, colour vision, disability discrimination, discrimination, police eyesight, sex discrimination, strathclyde police
posted by Absolutely PC at 12:55 pm
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