Killie man sues cops

 - from the Kilmarnock Standard January 2011

A Kilmarnock man who was rejected by Scotland's biggest police force for being colour blind is suing the Chief Constable for sex discrimination.

Graeme McCullie, 31, along with Robin Dixon, 28, from Hamilton, began his case against Strathclyde Police on Tuesday.

Both men applied to join the force and went through a rigorous selection process. However they were told they were unsuitable to join the force because of their colour blindness.

The pair who are pursuing their case before employment judge Paul Cape, claim Strathclyde Police's decision is discriminatory because more men than women suffer from the condition.

Yesterday evidence began in the case, which is being contested by Strathclyde Police. The force claims people who are colour blind could not carry out some police duties.

The first witness was Dr Sushma Acquilla who was appearing as a witness for the two claimants.

She gave technical evidence relating to the number of people in the population who suffer from colour blindness.

But after a number of questions the case was halted by employment judge Cape because the statistics she referred to related to the world and not specifically to Scotland.

Mr Dixon has previously a disability discrimination claim against Strathclyde Police in a failed application in November 2006.

The complaint was rejected by a Glasgow employment tribunal in August 2006 on the grounds it was time-barred.

Mr Dixon then discovered he may be able to pursue an indirect sexual discrimination case after reading of a case in England of a colour blind police officer who raised an action against Hertfordshire Constabulary.

Strathclyde Police and National Fitness Standard for the Scottish Police Service

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 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

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

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.

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