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.

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

1. 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.
2. Mr McCullie has never presented an application under disability discrimination.

Discrimination case over colour-blindness

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

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.

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