EAT Disability discrimination – Reasonable adjustments
The Tribunal found that the Chief Constable was entitled to terminate the services of a probationary constable who could not successfully complete her probationary period because certain disabilities prevented her from carrying out duties in a confrontational setting. It was not a reasonable adjustment to expect the Chief Constable to dilute the standards required. The EAT dismissed the appeal and held that this was a decision the Tribunal was entitled to reach.
Elias P said: ‘In our judgment, the crucial feature here is that the police authority are in effect playing two different roles. They are the employer, but in determining whether the probationary period has been satisfactorily been completed they are also assessing a standard of competence against national criteria. Regulation 12 of the Police Regulations makes it plain that a constable who has completed satisfactorily a probationary period will be able to transfer to another police force without being required to do a further period of probation. In effect the police authority is confirming a formal status on the officer by representing that he or she has completed the probationary requirements.’
Judges:
Elias P J
Citations:
[2007] UKEAT 0403 – 07 – 0612
Links:
Statutes:
Disability Discrimination Act 1995 3A(3), Police Regulations 2003 12 13
Citing:
Cited – Paterson v Commissioner of Police of the Metropolis EAT 23-Jul-2007
EAT PART TIME WORKERS
A police officer was found by the Tribunal to be significantly disadvantaged compared with his peers when carrying out examinations for promotion. Nonetheless, the Tribunal held that he . .
Cited – Archibald v Fife Council HL 1-Jul-2004
The claimant was employed as a street sweeper. She suffered injury to her health making it difficult to do her work. She was dismissed, and claimed that being disabled, the employer had not made reasonable adjustments to find alternative work for . .
Cited by:
Appeal from – Hart v Chief Constable of Derbyshire Constabulary CA 24-Jun-2008
The claimant renewed her application for leave to appeal. She had been a probationary constable, but after various injuries came to suffer disability, preventing her being able to carry out the routine activities of as constable, and her employment . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination, Police
Updated: 12 July 2022; Ref: scu.261966
