From Case Check
R A Dixon v Chief Constable of Strathclyde Police S/120872/2006 F596/61
Posted by: Fiona Davidson (28/08/2008 07:51:00)
A colour-blind graduate whose application to join the police was turned down because he suffers from colour vision abnormality has won the right to claim sex discrimination at an employment tribunal.
Robin Dixon (26) has already lost a disability discrimination claim against Strathclyde Police because of his colour blindness.
But now, following a preliminary hearing, he has won the right to fight his case again, this time on the grounds of sex discrimination.
The Glasgow tribunal ruled that although his claim was timebarred, the matter should be allowed to proceed to a full hearing on the basis of justice and equity.
Mr Dixon will now join another applicant, Graeme McCullie (29), from Kilmarnock, who was also turned down by Strathclyde Police because he too is colour-blind. Both will now have their sex discrimination claims heard by the Glasgow tribunal at a later date.
Mr Dixon, from East Kilbride, only discovered after losing his disability discrimination claim that more males than females were affected by colour blindness and that he might be able to argue his case on the grounds of indirect sex discrimination.
But Strathclyde Police objected as he had failed to lodge his complaint within three months of the alleged discriminatory act. His recruitment application was rejected in November 2005 but he did not lodge his sex discrimination claim with the Glasgow tribunal office until October 2006.
Mr Dixon, from East Kilbride, told last month's hearing to determine whether his case should be allowed to proceed, that it should be permitted to go ahead in the interests of justice, as he had been unaware prior to October 2006 that he could claim sex discrimination.
Mr Dixon, from East Kilbride, said it was his life-long ambition to join the police. He is now working as a store manager in Dublin.
A previous tribunal hearing Mr Dixon's disability discrimination claim heard evidence that Chief Inspector Douglas Campbell told him he would have made a good police constable but his application would not be progressed, explaining there were concerns about not only his own health and safety but also that of other officers and the general public. He explained there were concerns as to the reliability and credibility of evidence, which would rely on Mr Dixon's ability to distinguish colours being called into question.
Following the preliminary hearing, employment judge Michael MacMillan concluded ''The judgment of the tribunal is that the application is subject to time bar in terms of section 76(1) of the Sex Discrimination Act 1976. Having heard parties' submissions on the matter, the tribunal has determined to exercise the discretion available to it under Section 76(5), and allow the matter to proceed to a full hearing, on the basis of justice and equity.''
The case is expected to be heard towards the end of the year.
Posted by: Fiona Davidson (28/08/2008 07:51:00)
A colour-blind graduate whose application to join the police was turned down because he suffers from colour vision abnormality has won the right to claim sex discrimination at an employment tribunal.
Robin Dixon (26) has already lost a disability discrimination claim against Strathclyde Police because of his colour blindness.
But now, following a preliminary hearing, he has won the right to fight his case again, this time on the grounds of sex discrimination.
The Glasgow tribunal ruled that although his claim was timebarred, the matter should be allowed to proceed to a full hearing on the basis of justice and equity.
Mr Dixon will now join another applicant, Graeme McCullie (29), from Kilmarnock, who was also turned down by Strathclyde Police because he too is colour-blind. Both will now have their sex discrimination claims heard by the Glasgow tribunal at a later date.
Mr Dixon, from East Kilbride, only discovered after losing his disability discrimination claim that more males than females were affected by colour blindness and that he might be able to argue his case on the grounds of indirect sex discrimination.
But Strathclyde Police objected as he had failed to lodge his complaint within three months of the alleged discriminatory act. His recruitment application was rejected in November 2005 but he did not lodge his sex discrimination claim with the Glasgow tribunal office until October 2006.
Mr Dixon, from East Kilbride, told last month's hearing to determine whether his case should be allowed to proceed, that it should be permitted to go ahead in the interests of justice, as he had been unaware prior to October 2006 that he could claim sex discrimination.
Mr Dixon, from East Kilbride, said it was his life-long ambition to join the police. He is now working as a store manager in Dublin.
A previous tribunal hearing Mr Dixon's disability discrimination claim heard evidence that Chief Inspector Douglas Campbell told him he would have made a good police constable but his application would not be progressed, explaining there were concerns about not only his own health and safety but also that of other officers and the general public. He explained there were concerns as to the reliability and credibility of evidence, which would rely on Mr Dixon's ability to distinguish colours being called into question.
Following the preliminary hearing, employment judge Michael MacMillan concluded ''The judgment of the tribunal is that the application is subject to time bar in terms of section 76(1) of the Sex Discrimination Act 1976. Having heard parties' submissions on the matter, the tribunal has determined to exercise the discretion available to it under Section 76(5), and allow the matter to proceed to a full hearing, on the basis of justice and equity.''
The case is expected to be heard towards the end of the year.
posted by Absolutely PC at 12:13 pm
