Absolutely PC

Broadcaster finds Tribunal "stressful"

2011-01-12T10:52:00.000Z

Miriam O'Reilly, a onetime presenter of the Countryfile programme on BBC TV, said she had endured "an incredibly stressful 14 months" since launching a claim at an Employment Tribunal. (related BBC News story)

Yesterday Miriam received the outcome of her claim in which she had successfully argued that she had been a victim of ageism and of victimisation.

If Miriam found 14 months "incredibly stressful", spare a thought for Robin Dixon and Graeme McCullie who have been in Tribunal, not for months but for years.

But after enduring years of Tribunal preliminaries the two men will, at long last, have a chance to have the merits of their cases heard at an Employment Tribunal hearing commencing in Glasgow on Monday 17th January 2011.

Tribunal in the offing

2011-01-07T12:22:00.000Z

It may have been 2009 since the last posting on this site but the Tribunal involving Robin Dixon and Graeme McCullie v Strathclyde Police remains ongoing.

There has been some business relating to this tribunal in the period since our last posting but it has been generally "behind the scenes" and very very slow moving.

What we are able to report is that the full Tribunal Hearing is scheduled to commence later this month, January 2011, with 10 days allocated for the hearing.

Hopefully this will bring the direct and indirect matters relating to the subject matter of the Hearing to a head.

Stuck in the Mud

2009-08-31T22:40:00.003+01:00

Back in July of 2008 - we reported "After a very significant delay, a claim of Sex Discrimination against Strathclyde Police continued yesterday (14th July 2008)".

Well, sadly, we were unable to report such progress in July 2009 - nor even now as we enter September 2009 with signs of the first leaves of Autumn.

Of course, beyond July 2008, the newspapers and online legal websites reported that the Tribunal had granted Robin Dixon the right to join Graeme McCullie in having all the facts of his case against Strathclyde Police heard in a full Tribunal hearing. Since then, very little has happened.

There were expectations that these cases would be completed by July of this year and this expectation was being reported back to AbsolutelyPC from within Police forces in other parts of Scotland.

The fact is that no date has yet been set for a full Tribunal hearing. That means it is likely that the Autumn leaves will not only have fallen by the time a hearing takes place, they will also all have been swept up.

We read today of a group of elderly people who were delayed when visiting a special performance of the Tattoo at Dumfries House recently - because a Strathclyde Police horse box had become stuck in the mud. The Tribunal's a bit like that too. I guess that's what we've come to expect from Strathclyde's Finest !

Colour Vision and South Yorkshire Police

2009-02-01T13:06:00.004Z

Colour Vision Defects
Reference number: 20080511
Request date: 28 November 2008
Response date: 21 January 2009

Request details:

1. Has South Yorkshire Police service complied with Home Office Circular 25/2003 in respect of applicants to become a police officer with a colour vision defect.

2. If yes, do you accept recruits with (a) mild, (b) moderate and (C) severe colour vision defect.

3. If no, what standard do you apply for applicants to become police officers.

4. Please indicate the number of male and female officers who have been appointed by you since 2003 who have been identified as having colour vision defect.

5. What 'coping strategies' (Home Office Circular 25/2003) have you incorporated into your training/operational policies for officers who have been identified as having a severe colour vision defect.

Exemptions Applied: NONE

SYP response:

1- Has South Yorkshire Police service complied with Home Office Circular 25/2003 in respect of applicants to become a police officer with a colour vision defect.
South Yorkshire Police have complied with the Home Office Circular 25/2003 in respect of applicants becoming a police officer with a colour vision defect.

2- If yes, do you accept recruits with (a) mild, (b) moderate and (C) severe colour vision defect.
Please find attached a copy of the South Yorkshire Police Eye Sight form which outlines the levels of defect that are accepted.

3- If no, what standard do you apply for applicants to become police officers.
Not Applicable.

4- Please indicate the number of male and female officers who have been appointed by you since 2003 who have been identified as having colour vision defect.
South Yorkshire Police do not collate any statistics with regard to the numbers of colour defects, regardless of the type of deficiency.

5- What 'coping strategies' (Home Office Circular 25/2003) have you incorporated into your training/operational policies for officers who have been identified as having a severe colour vision defect.
South Yorkshire Police have no specific "coping strategy" in relation to this, Reasonable adjustments would be made on a case by case basis, dependent upon the level of defect in line with the Disability Discrimination Act (DDA) 2005 [1]. Please find attached a copy of the South Yorkshire Police policy [2] and procedural instruction [3] for Managing Disability which would give guidance in such cases.

Please note – This policy and subsequent procedural instruction is currently under review.

I hope the information we have provided is of help to your enquiries and I would like to take this opportunity to thank you for your interest in South Yorkshire Police.

Source URL: http://www.southyorks.police.uk/foi/disclosurelog/20080511

Links:
[1] http://www.opsi.gov.uk/acts/acts2005/ukpga_20050013_en_1
[2] http://www.southyorks.police.uk/sites/default/files/20080511 - Policy - Managing Disability.pdf
[3] http://www.southyorks.police.uk/sites/default/files/20080511 - Procedural Instruction - Managing Disability.pdf

Contacting Absolutely PC

2009-01-29T11:33:00.002Z

It has come to our attention that the e-mail contact information for AbsolutelyPC has become immersed somewhere in the site and almost impossible to find - so, our apologies to those who have been trying to contact us.

We have now added contact information to the sidebar, not just e-mail but telephone and fax as well.

The telephone service will take you to a recorded answering service - please do leave a message with your contact details and we'll endeavour to get back to you asap.

best regards

AbsolutelyPC

Strathclyde Police and National Fitness Standard for the Scottish Police Service

2009-01-28T09:53:00.003Z

The following article is extracted from
http://hf911.cn/index.php?article/health/2009-01-28/13316.html

Strathclyde Police requires all new recruits to meet the new National Fitness Standard for the Scottish Police Service.

From 1st September 2007, all new applicants and recruits to the Scottish Police Service have been required to undertake the new national fitness standard as a demonstration of physical fitness.

The new standard replaces the variety of fitness testing regimes utilised by the eight Scottish Forces to date. In addition, it links into the fitness regime used by the Scottish Police College during both the Initial Training and Reconvention probationary courses.Once appointed, probationary officers will be expected to continue to demonstrate their fitness to the required levels throughout their probationary period.

Strathclyde Police appear willing to agree to this common standard yet have unilaterally rejected the common standards set down for colour vision by the Scottish Ministers, and approved by the same stakeholder bodies who will have agreed the new fitness standards, including ACPOS.

Throughout Scotland and the rest of the United Kingdom, potential police recruits know precisely how their colour vision fits with the acceptable standards for being a police officer.

Only in the area policed by Strathclyde are they given the message "you are not wanted".

Colour Vision and Cheshire Police

2009-01-21T22:24:00.003Z

Cheshire Police and Colour Vision
Freedom of Information Disclosure

from Cheshire Police - Freedom of Information: Disclosure Logs - 2008

Severe Colour Vision Defect

Request "Severe Colour Vision Defect"

1. Has Cheshire Constabulary complied with Home Office Circular 25/2003 in respect of applicants to become a police officer with a Colour Vision Defect?

2. If yes, do you accept recruits with (a) mild, (b) moderate and (c) severe Colour Vision Defect?

3. If no, what standard do you apply for applicants to become police officers?

4. Please indicate the number of male and female officers who have been appointed by you since 2003 who have been identified as having a Colour Vision Defect.

5. What 'coping strategies' (Home Office 25/2003) have you incorporated into your training/operational policies for officers who have been identified as having a Severe Colour Vision Defect?

Response 17th December 2008
In accordance with section 1(1) (b) of the Act our response is provided below;

Question 1. Yes, Cheshire Constabulary complies with the afore mentioned circular.

Question 2. Each applicant is assessed by the provider of our medical services. Applicants are assessed individually and we cannot specify any further than this.

Question 3. As stated in question one,

Question 4. We do not hold this information. (held by the medical services provider)

Question 5. Each applicant is individually assessed by the medical services provider and with each one a series of 'Coping Strategies' and reasonable adjustments are put in place, which are unique to the applicant.

Strathclyde Continues Discriminating

2008-10-06T13:36:00.006+01:00

Dateline - October 2008

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

Why is this discrimination? Because

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
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"

2008-10-01T12:55:00.003+01:00

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.

From Case Check

2008-09-04T12:13:00.000+01:00

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.

Now police recruits rejected for being colourblind sue for sex discrimination

2008-08-31T19:33:00.006+01:00

(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

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.

Colour blind claim is pie in the sky

2008-08-31T19:04:00.005+01:00

The following letter was "Comment of the day" in the Evening Times "Your View" on Saturday August 30 2008:-

Your story (August 27) about graduate Robin Dixon whose application to join the police was rejected because he was colour blind, said he had lost a disability discrimination claim against Strathclyde Police.

And yet he has now won the right to claim sex discrimination on the grounds that colour-blindness affects more men than women.

Who is this man going to claim against? Surely not his parents for passing on a hereditary gene? No, he's going to sue the police, saying it's their fault.

What is the world coming to when claims like this are even given the time of day.

Some jobs, including the police, have stringent medical conditions applied to them because of the work involved.

Find something else to do with your time and our money, Mr Dixon. Police have more important matters to deal with.

Robert Borthwick
Arden

The following response has been submitted by AbsolutelyPC to "Your View" for their consideration.

Dear Sir,
Robert Borthwick raises important points in your "Comment of the Day" letter of 30th August.
He is quite correct in emphasising that, for police recruitment, stringent conditions apply to issues such as medical fitness and eyesight standards. So important are these issues that they are part of Police Regulations laid down by the Scottish Government - and these Regulations state that Mr Dixon and Mr McCullie are both fit to perform the work of an operational police constable.
It must be a matter of great concern to the public served by Strathclyde Police that this force, which exists to uphold the law, is willing, so blatantly and deliberately, to flaunt their own Regulations.
Mr Borthwick also, quite appropriately, raises the question of the use of "our" money. It must be reasonable to ask why Strathclyde Police are so readily willing to use and to risk public money, in efforts designed to block the reasonable course of Justice and Human Rights, when all they needed to do was follow their own Regulations.
The risk to the public purse is not limited to Mr Dixon and Mr McCullie. There are at least 14 others who could be entitled to bring similar actions, some of whom may now be serving police officers with other forces, and every future rejection for the same reasons could result in a future risk to the public purse.
It is a pity that Mr Dixon was never afforded the opportunity to have his claim of Disability heard, since there is an ongoing need to clarify the status of colour vision as a disability. This is especially so when, as in this case, employers place unjustifiable obstacles in a persons way to employment.
What is absolutely clear is that there continues to exist within Strathclyde Police, ignorance and outdated attitudes towards certain issues, which brings into question their claims to be an employer of equal opportunity.
In understanding the issue of colour vision, it is important to understand that neither Mr Dixon nor Mr McCullie are blind. Neither are they unable to see and identify colours. They may,indeed, be able to see some colour that other cannot see. They may also be able to see colour in some situations where "normal" vision is limited.
In most situations colour vision "abnormality" makes no difference to a persons life or capability. In some situations it can be an asset.
While their colour perception may be slightly different from the majority, it is similar to a significant minority of the population. Just because they are different is no reason for anyone to discriminate against them - that is the simple issue in the cases these two men have taken to Tribunal.
yours
AbsolutelyPC
http://politically-correct.blogspot.com/

Editors Note
Mr Dixon's claim of Disability Discrimination was never heard at an Employment Tribunal due to the employment of legal technicalities by Strathclyde Police which resulted in a determination that the claim had been submitted a few days late.

Sex Discrimination Tribunal Continues

2008-07-15T10:45:00.008+01:00

After a very significant delay, a claim of Sex Discrimination against Strathclyde Police, continued yesterday (14th July 2008).

Two men, Robin Dixon and Graeme McCullie, are claiming that their rejection for recruitment by the force, solely on the ground of their colour vision, amounted to Sex Discrimination.

Their claims, founded on a finding by an Employment Tribunal in 2000, were submitted beyond the time limit of 3 months and therefore deemed to be late. First arguments are to persuade the Tribunal to hear their claim despite them being late.

Following a concession by Strathclyde Police, the Tribunal has decreed that the hearing of Mr McCullie's claim will be permitted. This must, however, await the outcome of Mr Dixon's hearing.

However, Strathclyde Police have refused such a concession to Robin Dixon, who must continue to plead with the the Tribunal that his case should be heard.

From The Scotsman 14 July 2008

Colour-blind man aims to sue police

A COLOUR-BLIND man who applied to be an officer in Strathclyde Police is claiming sex discrimination.
Robin Dixon, 26, of East Kilbride, told a pre-hearing review at a tribunal that more men than women are affected with the complaint.

from the Evening Times 15 July 2008

Man snubbed over sight claims sex bias
A COLOUR-blind man snubbed for a police job because of his sight is fighting for the right to claim sex discrimination.
Robin Dixon, 26, from East Kilbride has already lost a disability discrimination claim against Strathclyde Police after his application was rejected due to his vision.
But he now wants to claim indirect sex discrimination as many more males are affected by colour blindness than females.
He claims he only found out about a similar case against an English police force after his disability discrimination claim was thrown out.
But Strathclyde Police argued yesterday at a Glasgow employment tribunal the case should not be heard as the complaint is too late.
His job application was rejected in November 2005 but he did not lodge his sex discrimination claim until October 2006.

Indexed in Wikio
AbsolutelyPC in Wikio

Determinations of the Scottish Ministers on Eyesight Standards for Entry to a Scottish Police Force

2008-05-29T00:49:00.004+01:00

It is set down in Statute that the Standards of eyesight for anyone seeking to be recruited as a police constable will be according to the determination of The Scottish Ministers. [The Police (Scotland) Act 2004 refers]

The Determination of the Scottish Ministers in this respect is according to Standards issued as an attachment to Police Circular 8/2003.

In respect to colour vision, the Medical Advisors to the Scottish Police Service (MASPS) have stated that "Full colour vision is not a requirement of the role of an Operational Police Constable"

The standards for Colour Vision are as follows:-

Those who see only in black and white (monochromate) will be rejected
NOTE: in the majority of cases, monochromate vision is associated with other severe eyesight issues
Those who are assessed as being Dichromats should not be rejected on grounds of their colour vision.
NOTE: Police forces are required to advise any such candidates of their status, make them aware of any issues which may arise from this and provide them with coping strategies which enable them to carry out their role.
Those who are assessed as being Severe Trichromat should not be rejected on grounds of their colour vision
NOTE: Police forces are required to advise any such candidates of their status, make them aware of any issues which may arise from this and provide them with coping strategies which enable them to carry out their role.
Those who are assessed as being mild Trichromat should be treated as "normals"

The Standards as published by the Scottish Government can be found at

http://www.scotland.gov.uk/Topics/Justice/Police/Circulars/2003/Circular-8 or
http://www.scotland.gov.uk/Resource/Doc/1101/0052394.pdf (Adobe PDF format)

The standards proposed for Special Constables can be found at

http://www.scotland.gov.uk/Publications/2006/01/19102939/6

Strathclyde Police and National Fitness Standard for the Scottish Police Service

2008-05-28T19:41:00.014+01:00

Strathclyde Police requires all new recruits to meet the new National Fitness Standard for the Scottish Police Service.

From 1st September 2007, all new applicants and recruits to the Scottish Police Service have been required to undertake the new national fitness standard as a demonstration of physical fitness.

The new standard replaces the variety of fitness testing regimes utilised by the eight Scottish Forces to date. In addition, it links into the fitness regime used by the Scottish Police College during both the Initial Training and Reconvention probationary courses.

Once appointed, probationary officers will be expected to continue to demonstrate their fitness to the required levels throughout their probationary period.

Strathclyde Police appear willing to agree to this common standard yet have unilaterally rejected the common standards set down for colour vision by the Scottish Ministers, and approved by the same stakeholder bodies who will have agreed the new fitness standards, including ACPOS.

Throughout Scotland and the rest of the United Kingdom, potential police recruits know precisely how their colour vision fits with the acceptable standards for being a police officer. Only in the area policed by Strathclyde are they given the message "you are not wanted".

Colour vision defects are no longer a bar to entry. However severe colour vision deficiencies (monochromats) are not acceptable [Devon and Cornwall]

The use of colour correcting lenses and sever colour vision deficiencies (monochromats) are unacceptable.Severe anomalous dichromats or trichomats are acceptable. [Cheshire]

Severe colour vision deficiencies (monochromats) are not acceptable. Anomalous trichromats are acceptable. Severe anomalous trichromats or dichromats are also acceptable but you will need to be aware of the deficiency and make appropriate adjustments. [Northamptonshire]

Severe colour vision deficiencies (monochromats) are not acceptable. Mild anomalous trichromats are acceptable. Severe anomalous dichromats or trichromats are also acceptable but you will need to be aware of the deficiency and make appropriate adjustments. [Northumbria]

Click here for information on the Standards for Scottish police forces

Strathclyde Police Choose to Discriminate

2008-05-28T18:29:00.005+01:00

Strathclyde Police are choosing to disciminate against those with colour vision which varies from "normal".

In a docuument published on their website at http://www.strathclyde.police.uk/recruitment/FileSelect.aspx?fc_id=3306&docid=4751, Strathclyde Police state the following:-

There is no absolute barrier to recruitment because an individual suffers from any specific medical conditions. All applications for entry are assessed on their merits individually by the recruitment department with input from the Force Medical Adviser. This allows the Force to consider the need for any reasonable adjustments on a case by case basis. For example although the Home Office Guidance describes some conditions as being unlikely to be compatible with recruitment Strathclyde Police have accepted recruits with insulin treated diabetes, some infectious conditions and certain knee conditions. In other situations, however, Strathclyde Police have had to set a more stringent standard for colour vision.

So, quite clearly, Strathclyde Police, by their own admission, are choosing to single out potential recruits who have colour vision which varies from the "normal".

There is no explantation as to why Strathclyde Police "have had" to set a more stringent standard.
There is no known statement of what standards Strathclyde Police are applying to colour vision.

This admission of discrimination by Strathclyde Police is despite that facts

that an in-depth investigation into eysight and policing revealed that colour vision (apart from the most severe monochromate) is not relevant to the role of an operational police officer
that Standards for eyesight for police forces in Scotland are laid down in law
that the same standards are being applied by police forces throughout the United Kingdom
that the Disability Discrimination Act expects larger employers to find it easier to be able to offer "reasonable adjustments" (Strathclyde being the 2nd largest police force in the UK)
that such attitudes have been found to be disciminatory in a case heard by an Employment Tribunal

Colour-blind PC wins case for sex discrimination

2008-03-15T00:32:00.003Z

Following is a story run by The Independent in 2000

Colour-blind PC wins case for sex discrimination
Robert Verkaik Legal Affairs Correspondent

A COLOUR-BLIND policeman has won his case for sex discrimination after he was confined to desk duty because senior officers feared he might be a liability in court.
Police Constable Robert Webster, who cannot distinguish between shades of green, was told by Hertfordshire Constabulary that his disability meant he might have problems identifying people and cars. But a London employment tribunal has ruled that because men are 14 times more likely to be colour- blind than women, the force was guilty of indirect sex discrimination.
Lawyers representing Mr Webster told the tribunal that for 10 years he had worked as an operational police officer, giving evidence in court, without a single complaint about his colour-blindness.
An expert on eye defects told the tribunal police guidelines on colour- blindness were "more severe" than those for doctors or airline pilots. Law-yers said the ruling had implications for all colour-blind men who were restricted in their jobs because of an inability to distinguish between colours.
Seven per cent of men are colour-blind compared with 0.5 per cent of females. Mr Webster, 33, said yesterday the decision to remove him from operational duties had come as a "terrible shock". Before applying to join the police, he had called all the forces to find out whether they accepted colour-blind applicants. He found that a number would, including Hertfordshire. In 1988 he had a medical and was accepted by Hertfordshire Constabulary.
But last year he was selected for an advanced driving course and failed medical tests because of his condition. The doctor conducting the tests informed his superiors that his colour-blindness presented an "evidential problem which could affect his credibility in court". Mr Webster was asked to take up a desk job. He was told that, under Association of Chief Police Officers' (Acpo) guidelines, he should not have been appointed as a constable.
An internal report said there was a risk his evidence in respect of colours would always be "suspect, even if in practice he is usually correct". A report to the tribunal by Professor Geoffrey Arden, an expert in colour-blindness at the City University, disagreed with the police, saying Mr Webster's "visual performance" was "adequate for police work".
Ruling in Mr Webster's favour, the tribunal said the risk to his credibility as a witness was remote. It added: "This case comes down to Mr Webster's ability to distinguish between different shades of green."
Hertfordshire Constabulary said yesterday that while it sympathised with Mr Webster, his original employment had been an "exception to the rule" on colour-blindness. "[We] will be consulting the Acpo about the way forward."
The tribunal will decide next month whether to award Mr Webster compensation and may recommend that he be returned to operational duties.
Paul O'Brien, secretary of the joint central committee of the Police Federation, which supported Mr Webster, said the decision would have "major implications for thousands of serving, and aspiring, police officers, who will be afforded some protection".

Weblinks

Police have case to answer

2007-09-07T20:21:00.000+01:00

Strathclyde Police have conceded they may have a case to answer in the situation where they rejected Mr Graeme McCullie as a potential recruit to their force.

Mr McCullie, of Kilmarnock, completed the force's rigorous selection procedure but was told he would not be admitted because of his colour vision.

Following articles on the BBC website and in the Scottish Daily Express and The Herald, Mr McCullie became aware that it might be possible to have his case resolved through an Employment Tribunal on the grounds that his rejection amounted to sex discrimination.

Although it was not possible for Mr McCullie to submit his claim within the normally permitted time limits, at an Employment Tribunal hearing in Glasgow on Monday 3 September 2007 Strathclyde Police conceded that "justice and equity" would permit his claim to procede to a full hearing of his case at a later date.

However, Strathclyde Police agreed to no such concession in the case of a second man rejected by them for the same reasons. In a case which is continuing, Mr Robin Dixon has now to plead that his case should also be heard despite being "out of time".

======================================

2 colour blind cops sue for discrimination

2007-09-07T19:47:00.000+01:00

from the Evening Times Tuesday September 4 2007

Two men are sueing the Chief Constable of Strathclyde Police for sex discrimination - after being rejected as recruits because they are colour blind.

Robin Dixon, 25, of Hamilton and Graeme Mccullie, 29 of Kilmarnock, both went through a selection procedure before being told they were unsuccessful.

But they have taken their case to an employment tribunal, claiming more men than women suffer from the condition, so they are the victims of indirect sex discrimination.

Mr Dixon had previously pursued a disability discrimination claim in November 2005, but that was rejected by another tribunal because it was time-barred.

The tribunal heard that at the time of his application to be a police officer he was told by Chief Inspector Douglas Campbell there were concerns as to the reliability and credibility of evidence, which would rely on Mr Dixon's ability to distinguish colours.

The case continues.

========================================

Colour blind recruits accuse police boss of sex discrimination

2007-09-07T19:19:00.000+01:00

from the Scottish Daily Mail 4 September 2007

by Fiona Davidson

Two men told they could not join Scotland's biggest police force because they are colour blind are suing its chief constable - for sex discrimination.

Robin Dixon and Graeme McCullie applied to join Strathclyde Police and went through a rigorous selection procedure.

However they were told they had failed in their bid to join the force because they are colour blind.

The two men claim the decision was discriminatory on the basis that more men than women suffer from the condition and have taken their case to en employment tribunal.

Mr Dixon, 25, from Hamilton, Lanarkshire, has previously pursued a disability discrimination claim against Strathclyde Police as a result of his failed job application in November 2005.

That complaint was rejected by a Glasgow employment tribunal in August last year on the grounds that it was time barred.

However he has since discovered he may be able to pursue an indirect sex discrimination claim after reading of a case in England involving a colour blind police officer who raised an action against Hertfordshire Constabulary.

In that case, an officer suffered discrimination because his colour blindness meant he could not distinguish shades of green. An industrial tribunal confirmed that this could amount to indirect sex discrimination.

Mr Dixon told a preliminary hearing held in Glasgow yesterday to decide if his sex discrimination is time-barred that he was rejected by Strathclyde Police in November 2005 because of a colour vision abnormality.

He siad it was only after reading news reports that he learned about the Hertfordshire case and lodged his sex discrimination claim within a week.

However Strathclyde Police argued his family was aware of the English case prior to the publication of newspaper articles.

The tribunal heard Mr Dixon had previously been advised by Strathclyde Police that there were no reasonable adjustments that would enable him to carry out operational policing duties.

He was told at a meeting with Chief Inspector Douglas Campbell that he would have made a good police constable but his application would not be progressed.

Mr Dixon had highlighted a police circular about eyesight standards but Strathclyde Police said it was for guidance only and ultimately the decision rested with the Chief Constable, William Rae.

Mr Campbell told Mr Dixon there were concerns about not only his own health and safety but also that of other officers and the public.

The officer said there were worries over the reliability and credibility of any evidence he might have to give and said Mr Dixon's ability to distinguish colours could be called into question.

Mr McCullie, 28, from Kilmarnock, Ayrshire, whose application was rejected by Strathclyde Police in December 2005, lodged his sex discrimination claim after reading press reports last year.

The case continues.

Link to this post
http://politically-correct.blogspot.com/2007/09/colour-blind-recruits-accuse-police.html

=====================================

Police recruits in colour blindness discrimination claim

2007-09-05T16:28:00.000+01:00

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.

Police bring out big guns

2007-09-05T10:33:00.000+01:00

Strathclyde have brought the might of their legal services against two legally unrepresented men who have lodged Sex Discrimination claims against them.

The two men had their applications to become police officers rejected because of colour vision abnormality and Strathclyde Police are seeking to prevent the cases being tested before a full hearing of an employment tribunal.

At a preliminary hearing in the Employment Tribunal, Glasgow, Strathclyde Police used the "public purse" to bring in Advocate Peter Grant-Hutchison to assist their own Legal Services Manager, in an endeavour to prevent their claims being heard.

Peter Grant-Hutchison, a specialist in Employment Law and former Labour candidate for the Eastwood, is also a part-time Sheriff and holds several other significant legal positions.

The two men would have been acceptable for employment in other Scottish and UK police forces. An employment tribunal in England has previously questioned the need for identification of shades of colour in general police work.

The case continues.

Webster v. Chief Constable of Hertfordshire Constabulary [2000] ET/200687/99

2007-09-04T17:35:00.000+01:00

Webster v. Chief Constable of Hertfordshire Constabulary is a case taken to the Employment Tribunal in London in 2000 on the ground of Sex Discrimination. In this case it was found that a male officer had been discriminated against because of colour blindness.

The police officer in question had been removed from operational police duties after, 10 years of service with Hertfordshire Constabularly, because he suffered from a particular type of colour blindness (a moderate deuteranomalous loss of colour vision), which meant that he could not distinguish between different shades of green.

He had declared the dficiency when he applied to the Force. 7% of men and 0.5% of women have hereditary defective colour vision. He alleged the need to have perfect colour vision was not justifiable.

The Employment Tribunal balanced the needs of the Force against the effects on Mr Webster and concluded that he had been indirectly dicriminated against on the grounds of his sex.

The Employment Tribunal questioned whether a person accused of murder would be acquitted because a witness could not distinguish a particular shade of green.

==========================================

Links

Discrimination case over colour-blindness

2007-09-04T15:19:00.000+01:00

from The Herald 4 September 2007

TWO would-be police officers have taken the chief constable of Scotland’s largest force to an employ ment tribunal claiming sex discrimination after being rejected because they are colour-blind.

Robin Dixon, 25 , and Graeme McCullie, 28, both applied to join Strathclyde Police and went through a rigorous selection procedure before being advised their applications were unsuccessful. The two have now started sex discrimination proceedings before an employment tribunal on the basis that, since more men than women suffer from the condition, they are therefore the victims of indirect sex discrimination.

Police accused of discrimination

2007-09-04T00:03:00.001+01:00

from BBC News Website - Monday 3 September 2007

Rejected police recruits have taken Scotland's largest force to an employment tribunal over claims they were the victims of sex discrimination.

The two candidates were turned down by the Strathclyde force because they have a form of colour-blindness usually only found in men.

Robin Dixon and Graeme McCullie claim the decision was discriminatory.

A preliminary meeting of the tribunal has been listening to debates over whether the case should be time-barred.

Strathclyde Police believes that employing officers with the colour-blindness condition would raise safety issues.

Mr Dixon had previously lost a similar claim under disability discrimination legislation.

The case continues.

===========================================
the above article is also carried on the Critical Estoppel website and on Journalisted

Force is facing a claim of sexism from men who failed in jobs bid

2007-08-29T02:35:00.000+01:00

from the Scottish Sunday Express - August 26th 2007

Would-be officers rejected for being colour blind seek compensation

Force is facing a claim of sexism from men who failed in jobs bid

By Tom Martin

Scotland's largest police force faces a barrage of compensation claims in a row over rejected colour blind recruits.

In the past three years, Strathclyde Police rejected 16 candidates with vision problems despite government guidelines saying they should not have been barred.

But now two failed applicants could pave the way for others to seek thousands of pounds in compensation in a test case next week.

The move, by Robin Dixon, 25, and Graeme McCullie, 28, follows a landmark legal action south of the Border which found that a colour blind officer faced indirect sexual discrimination because the condition is more common in men than in women.

Mr Dixon, a store manager, from east Kilbride, has now launched a sex discrimination complaint alongside Mr McCullie.

Both men discovered other forces would have accepted them after a government review recommended colour blindness should not bar potential recruits.

Mr McCullie, from Kilmarnock, Ayrshire, who is now working as a plumber, said: "It was always my ambition to join the police and a real blow when my application was turned down.

"It seems rediculous at a time when you read about the police wanting to get more officers then rejecting them because of an outdated position that most others have changed."

He added: "I am not interested in compensation I just want to make sure no other potential recruits have to go through what happened to me."

The men's cases will be considered at a preliminary employment tribunal next Monday.

Mr Dixon is currently working in Dublin but his father, Robert, 55, said: "Other forces, including the Met, have said he would be acceptable to join them.

"We cannot understand why Strathclyde Police would continue to argue they are right when they are in the wrong."

Strathclyde Police said it was inappropriate to comment on individual applications but their spokeswoman added "current policy" prevented those with colour blindness from becoming police constables.

===========================

Colour Vision not a bar in Australia

2007-08-28T14:15:00.000+01:00

Australian police forces are acknowledging that perfect colour vision is not essential in performing the role of an operational police officer.

The Australian Federal Police require testing of colour vision to a ‘defective safe’ standard (ref).

The requirement for "suitable colour vision" to join the Western Austalia Police has been removed and people with colour vision impairment, inclduing former applicants who previously did not comply with the colour vision standards, are now being encouraged to apply. (ref)

The Queensland Police Service standard in relation to colour vision does not call for perfect responses in relation to colour vision perception. The Service specifies a requirement for a good standard of colour vision in the perception of distinct colours, as opposed to perception of shades.

Meeting the Queensland standard requires each applicant's indivual colour vision to be assessed. General labelling would not be acceptable and could lead to claims under Australia's Disability Discrimination Act. (ref)

===============================

Culture Change Needed ?

2007-01-30T01:26:00.000Z

Tom from Peterhead wrote on 1 Oct 2006

Sorry guys but if had asked me two years ago for my opinion of the Police I would have told you that they were a fair and professional service. However after seeing the other side of them I am sorry to say the testing should be done independently and should start with those in the job now. We are as tax payers spending a fortune training the new recruits only to turn the loose with the bad eggs that are already out there.

We have a culture of bad practice and no matter how many senior police officers stand and spout how the are behind the latest topic of the day unless those at the coal face are behind it then there will never be any change. We need to root out the bad eggs and start a new programme of retraining and the testing should be repeated every few years along with the a personal assessment system that reflects how the officer has performed over the past year.

In short we should have a Police service to be proud of, what we have is a complacent self-centred self-righteous service staffed by people who think the uniform gives them the right to act as they please.

For full context of this comment
see Police may extend screening tests to bar bigots at http://news.scotsman.com/index.cfm?id=1420242006

Executive calls for enforcement

2007-01-15T22:42:00.000Z

The Scottish Executive has called for North Lanarkshire Council "to respond appropriately in terms of enforcement" to the news that Council Leader Jim McCabe lit up a cigarette during a magazine interview conducted on council premises, in contravention of laws passed by the Scottish Parliament.

Read the story at http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/6265105.stm

The Executive appears to be less eager to call on Strathclyde Police "to respond appropriately in terms of enforcement" when it comes to compliance with laws, also passed by the Scottish Parliament, relating to police recruitment.

The Police (Scotland) Regulations state quite clearly that Scottish Ministers set the eyesight standards which should be applied to police recruitment.

Yet Strathclyde police are refusing to apply these standards in relation to colour vision and have rejected at least eight applicants who were deemed fit in every other way to serve as a police constable.

This matter was raised last Thursday in the Scottish Parliament by Linda Fabiani MSP who called on the Executive to "undertake to ensure that the one Scottish police force that contravenes these regulations amends their recruitment procedures and makes amends to those applicants who are unfairly and unjustly disadvantaged."

The Executive has been quick to call for enforcement against smokers. For some reason they seem reluctant to call for the police to comply with the law.

Parliamentary Question

2007-01-11T15:18:00.000Z

Scottish Parliament General Questions Thursday 11th January 2007

Linda Fabiani
To ask the Scottish Executive whether police forces are required to follow its guidance on recruitment, contained in police circular 8/2003. (S2O-11662)

Cathie Jamieson
As the member will be aware from previous parliamentary questions she submitted, issues relating to police recruitment are an issue for individual chief constables. Yje guidance provided in Police Circulars is provided to chief constables to advise them in their operational decision making and it is for chief constables alone to determine which individuals are or are not suitable for appointment to the police service.

Linda Fabiani
The Minister is correct, I have had these answers, however I now have a copy of a letter here from her department to a constituent, intimating that this guidance actually became Regulation with the Police Regulations 2004. Is the Minister aware that Strathclyde Police, alone amongst Scotland's police forces, discriminate against recruits with a particular minor form of colour blindness, against these regulations; and will she now undertake to ensure that the one Scottish police force that contravenes these regulations amends their recruitment procedures and makes amends to those applicants who are unfairly and unjustly disadvantaged.

Cathie Jamieson
I think it is important of course to recognise that Miss Fabiani has of course tabled questions and there has indeed been correspondence on this issue over a period of time and I'm not able to comment on a particular case in relation to this because I understand it is the subject of some employment tribunal proceedings. As a general response however, revised guidelines have been issued to Scottish police forces that must be taken account of in recruitment procedures. At the end of the day, in some instances, it may simply be the case that there are other matters which will be taken into account in terms of recruitment and it is, of course, for the chief constables themselves to make the decision who the most appropriate individuals are to have in their forces.

NOTES
1. Strathclyde Police have admitted to rejecting eight candidates as a consequence of their colour vision
2. In each of these cases the rejection was solely on the grounds of their colour vision, the candidates being deemed suitable for appointment to the post of police constable in every other way
3. Rejection of these candidates was contrary to the Police (Scotland) Regulations 2004.

Take Care of Disability

2007-01-10T22:16:00.000Z

from Scottish Perspective in Chamber HR

An interesting case is pending against Scotland's largest police force. Strathclyde police face a challenge following the rejection of eight candidates, in the past two years, because they had a form of red green colour blindness that is more prevalent in men. In the case of Webster v. Chief Constable of Hertfordshire Constabulary, an officer with some ten years service suffered discrimination because he had a form of colour blindness, where he could not distinguish shades of green. The Tribunal confirmed that this could amount to indirect sex discrimination.

The case against Strathclyde was initially rejected as being out of time but an appeal has been lodged. Employers need to take especial care with issues such as this, where there is a medical condition that might have a greater impact on one sex than the other, as this not only raises an issue of a disability claim but also a potential sex discrimination claim.

What may seem a simple matter for an employer can turn out very different in Tribunal. Never make assumptions about an employee, always take medical and professional advice and ensure that all options are considered. Seek professional help with what adjustments can be made and what funding could be available through the Access to Work Scheme.

Read original article

Colour blind rejection could be discriminatory

2007-01-10T21:53:00.000Z

from The Journal Online
the online members magazine of the Law Society of Scotland

Sex discrimination case threat for male-only medical condition

News, 16 October 2006

Strathclyde Police could be facing a number of sex discrimination cases brought by potential male recruits rejected for a form of colourblindness.

The force has rejected eight candidates in the last two years for the condition, which is usually only found in men. However, a recent legal case in England ruled that a colourblind officer had been the victim of indirect sexual discrimination by Herefordshire Constabulary for this reason.

Robin Dixon from East Kilbride, who has difficulties distinguishing between shades of green, was rejected by Strathclyde Police, despite being told that he would have made a good constable. He took his case to an employment tribunal, but his claim was rejected because it was time-barred.

The Disability Rights Commission's head of Scottish legal affairs, Lynn Welsh, said the issue should be made clearer, as it depended on whether an individual's colourblindness would have a substantial impact on their ability to do the job.

A spokesperson for Strathclyde Police said the force was unable to comment on the issue because Mr Dixon had lodged an employment tribunal appeal.

Read original article

Were You Rejected

2007-01-10T19:22:00.000Z

Have you been rejected by Strathclyde Police on grounds of your colour vision?

If you have, we would like to hear from you.

Contact us by e-mail on absolutelypc@googlemail.com

Linda Fabiani Asks Question

2007-01-10T18:26:00.000Z

In the debate regarding the suitability of men with colour vision deficiency to be able to carry out the role of an operation police constable, Strathclyde Police have maintained that they are not compelled to follow the guidance given to them by Scottish Ministers.

Linda Fabiani MSP is once again trying to ask a question on this matter in the Scottish Parliament.

This will be under General Questions sometime between 11.40 and 12 noon tomorrow (Thursday) - she is number 4 so there is a good chance her question will he heard.

The question is:-

4. Linda Fabiani: To ask the Scottish Executive whether police forces are required to follow its guidance on recruitment, contained in police circular 8/2003. (S2O-11662)

Colour blind recruit fights 'sexist' force

2006-10-20T11:28:00.000+01:00

Colour blind recruit fights 'sexist' force
by Ruairi O'Kane
Scottish Daily Express - Tuesday October 17 2006

Scotland's largest police force is bracing itself for a spate of sex discrimination cases following a row over the rejection of colour blind recruits.

In the past two years, Strathclyde Police rejected eight candidates with vision problems.

But a landmark legal case south of the Border found that a colour-blind officer faced indirect sexual discrimination because the condition is more common in men thanin women.

Now failed applicants may use the precedent to seek thusands of pounds in compensation.

Two years ago Robin Dixon's bid to join the police was rejected when he failed his medical because he was colour blind.

The 25-year-old, who suffers from anomalous trichromacy and has problems differentiating between shades of green, took Strathclyde Police to a Glasgow employment tribunal claiming disability discrimination.

But his complaint was rejected because it was time barred.

The store manager, from East Kilbride, is now considering a sex discrimination complaint.

His father, Robert, 55, said "We have only just been made aware of a case in England, where an officer succeeded in a sexual discrimination case.

"As far as we know, there are another seven people in the same boat as Robin who could tkae action against Strathclyde Police.

"It was always Robin's ambition to join the police.

"He is distraught that he has not been accepted after being considered suitable in every other way.

"In fact, other force, including the Met, have said he would be acceptable to join them."

A spokeswoman for Strathclyde Police said it was inappropriate to comment on Mr Dixon's case as he had lodged an employment tribunal appeal.

SNP MSP Linda Fabiani raised the issue last year when she asked Justice Minister Cathy Jamieson if she thought anomalous trichromacy was sufficient reason to debar an applicant from entry to the police service.

Ms Jamieson said: "While the Scottish Executive has issued guidance on eyesight standards, appointment to the police service is ultimately a matter for the chief constable."

A police source said: "The way it works, this guy could probably apply to Lothian and Borders and get in."

Beware of Good Advice

2006-10-20T11:07:00.000+01:00

When involved with an employment situation which may be discrinatory toward you, take careful note of the date when the action which commences this situation happens.

Good advice and best practice in such situations is to do everything in your power to resolve the situation. However, your enthusiasm for resolving the situation may not be reciprocated by your employer.

If you are in a situation of seeking recruitment to a job, take even greater note of the date on which you percieve discrimination to first take place. There is only limited direction in recruitment situations and, although there is supposed to be an emphasis on disability and recruitment, the reality is that you have very limited rights indeed.

The date on which discrimination occurs is exremely important because it starts the clock ticking on when you need to submit an application to an Employment Tribunal should you decide to go down this route. It is very important to make your application in plenty of time - earlier if possible but certainly not late.

Getting an Employment Tribunal in early will save you considerable stress at a later date.

Be certain that the date you are using is the earliest possible date. Employers, especially if they happen to be a cash-rich employer such as a public body and can therefore afford to spend our hard earned money on high-flying legal types, will do everything in their power to frustrate your legitimate claim. Getting your dates wrong can result in a claim of timebar against your application.

While following best advice and best practice is all very laudible, you can be sure that your employer will be more interested in getting off the hook.

So make your Employment Tribunal claims in plenty of time.

Police face legal battle over colour blindness

2006-10-17T14:36:00.000+01:00

Police face legal battle over colour blindness
by JAMES MORGAN
The Herald October 17 2006

SCOTLAND'S largest police force is set to be challenged under sex discrimination laws after a row over colour-blind recruits.

Strathclyde Police rejected eight candidates in the past two years for having a form of red-green colour blindness usually only found in men.

But a landmark legal case in England has found that a colour-blind officer faced indirect sexual discrimination.

The ruling, at a tribunal against Hertfordshire Constabulary, could pave the way for a series of challenges to Strathclyde Police by candidates rejected because they were colour blind.

The family of Robin Dixon, 25, from East Kilbride, confirmed yesterday they would contest his rejection under sex discrimination laws.

His mother, Mari Dixon, said: "Robin is distraught that he has not been accepted after being suitable in every other way. His condition means he only has problems differentiating between shades of green.

"Strathclyde Police are saying he is medically unfit because of his colour vision. But we are appealing because red-green colour blindness is acceptable under the Police Scotland Regulations 2004.

"In the light of the Hertfordshire decision, we will also be trying to take this to a tribunal on the basis of sex discrimination."

Mr Dixon took his rejection to an employment tribunal but his complaint was rejected because it was time-barred.

The Dixons have now lodged an employment tribunal appeal in which they intend to argue that Mr Dixon has suffered indirect sexual discrimination.

Peter O'Donnell, a senior case work officer at the Equal Opportunities Commission Scotland, said: "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."

A Strathclyde Police spokeswoman said they could not comment on specific cases.

original article http://www.theherald.co.uk/news/72310.html

Force faces discrimination claims

2006-10-16T23:10:00.000+01:00

Force faces discrimination claims
from the BBC website

Scotland's largest police force could face a number of sex discrimination cases following a row over the rejection of colourblind recruits.

Strathclyde Police rejected eight candidates in the last two years for having a form of colourblindness usually only found in men.

But a landmark legal case in England found that a colourblind officer faced indirect sexual discrimination.

Candidates may now use the precedent to seek thousands in compensation.

Robin Dixon was one candidate who was turned down by Strathclyde Police.

His family hoped that the precedent set by the tribunal against Hertfordshire Constabulary could be used in Scotland.

He has been made to feel that he is a total liability and we are considering pursuing this as a sexual discrimination case
Mari Dixon

His mother Mari Dixon, from East Kilbride, said: "This has been a David versus Goliath case, with the country's largest force digging their heels in.

"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.

"He has been made to feel that he is a total liability and we are considering pursuing this as a sexual discrimination case."

Mr Dixon took his rejection to an employment tribunal but his complaint against Strathclyde Police was rejected on a technicality as it was time-barred.

His application was rejected despite being told by Ch Insp Douglas Campbell that he would have made a good constable.

Lynn Welsh, the Disability Rights Commission's head of Scottish legal affairs, called for clarification over the issue of colourblind recruits.

She said: "There is an issue around whether colourblindness is a disability or not under the Disability Discrimination Act.

"It depends on whether it has a substantial long-term effect on the person's ability to carry out normal day-to-day activities and so any reasonable adjustments made under the DDA would depend on the individual concerned."

A Strathclyde Police spokeswoman said that they could not comment on specific cases, such as Mr Dixon's, because he had lodged an employment tribunal appeal.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/scotland/glasgow_and_west/6045128.stm

Published: 2006/10/16 10:06:30 GMT
An abridged version of this story also appeared on BBC Ceefax

Colour-blind man rejected as cop loses tribunal fight

2006-10-16T23:05:00.000+01:00

Colour-blind man rejected as cop loses tribunal fight
from the Evening Times

A MAN whose bid to join the police was rejected because he's colour blind has lost a disability discrimination claim.

Robin Dixon was knocked back as a police recruit after a medical.

He took Strathclyde Police to a Glasgow employment tribunal, claiming disability discrimination.

But after a preliminary hearing, the tribunal rejected his complaint - because it was time-barred.

Mr Dixon, of Daer Way, Hamilton, applied to become a constable in 2004 and was referred to a specialist for an examination regarding his colour vision.

He was later advised his application had been referred to the police's director of human resources "for consideration of reasonable adjustments which may enable you to carry out operational duties".

He received another letter saying it had been decided there were no reasonable adjustments.

Mr Dixon wrote to the Chief Constable and was told his application was being reviewed.

At a meeting last November with Chief Inspector Douglas Campbell he was told he would have made a good constable - but his application would not be progressed.

Mr Dixon wrote another letter to the Chief Constable and his parents asked MSP Andy Kerr to help.

Tribunal chairman Jane Garvie found Mr Dixon's complaint, lodged on February 15, was outwith the three-month time limit, as the final act of discrimination was on November 4, 2005.

18/08/06
original story http://www.eveningtimes.co.uk/hi/news/5056143.html

Man loses colour blind bias claim

2006-10-16T22:58:00.000+01:00

Man loses colour blind bias claim
from BBC website

An aspiring policeman who had his application turned down because he was colour blind has lost his disability discrimination claim.

Robin Dixon's complaint against Strathclyde Police was rejected on a technicality as it was time-barred.

Mr Dixon, of Daer Way, Hamilton, applied to join the force in 2004.

His application was rejected despite being told by Chief Inspector Douglas Campbell that he would have made a good constable.

Mr Dixon raised his disability discrimination complaint against the force following a medical.

Good constable

He had been referred to a specialist for an examination regarding his colour vision.

Mr Dixon was later advised that his application had been referred to the director of human resources at Strathclyde Police for "consideration of reasonable adjustments which may enable you to carry out operational policing duties".

He subsequently received another letter stating that it had been decided nothing could be done.

"Consequently, I regret to inform you that I am unable to progress your application further," it said.

Mr Dixon then wrote to the chief constable and received a reply stating his application was being reviewed in respect of "colour blindness and the subsequent impact that this condition may have on your ability to carry out the roles, functions and activities of an operational constable".

He was advised at a meeting in November last year with Mr Campbell that he would have made a good police constable but his application would not be progressed.

Police circular

Mr Dixon wrote another letter to the chief constable in the hope that his case would be looked at again while his parents contacted MSP Andy Kerr. A police circular about eyesight standards was highlighted.

Strathclyde Police responded that it was for guidance only and ultimately the decision rested with the chief constable.

Mr Campbell said he explained to Mr Dixon that consideration had been given to the initial proposal that he be accompanied by other police officers while on duty, but this was not considered to be feasible.

He also explained 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 also concerns as to the reliability and credibility of evidence, which would rely on Mr Dixon's ability to distinguish colours being called into question.

Tribunal chairman Jane Garvie found that Mr Dixon's complaint, lodged on 15 February, 2006, was outwith the three-month time limit, as the final act of alleged discrimination was on 4 November, 2005.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/scotland/glasgow_and_west/5260364.stm

Published: 2006/08/17 16:05:26 GMT

Living in Strathclyde Police State

2006-10-16T22:46:00.000+01:00

50% of the Scottish People are served by a police force which claims it does not require to comply with laws or direction from the Scottish Executive.

Strathclyde Police have rejected at least eight applicants for employment as police officers on the sole ground that they have a minor abnormality in their colour vision.

This decision is despite the fact that the Scottish Executive have laid down standards in law against which the police are supposed to judge the suitablity of applicants.

Strathclyde Police, however, state that the Police Regulations are only for their guidance and the Chief Constable has the final say on how they apply them.

It seems that those living in the former Strathclyde Regional Council do not require to take heed of our Scottish Parliament. We have, in its place, the dictatorship of Strathclyde Police !