Police civilian worker makes disability discrimination claim

A POLICE civilian worker whose application to join the police force as an officer was rejected on medical grounds after she failed an eyesight test is claiming disability discrimination.

Kerry-Ann Cumming, 30, has taken Lothian and Borders Police to an employment tribunal complaining her rejection breached legislation to prevent individuals from being discriminated against on the grounds of disability.

Miss Cumming, of Stenhouse, who is also a special constable with the Lothian force, has also been suspended from that role since failing the medical screening test in her bid to become a permanent, full-time officer.

A preliminary employment tribunal has now ruled that she is a disabled person under the Disability Discrimination Act, which means her discrimination claim can proceed to be heard by a full employment tribunal.

Miss Cumming is an operations co-ordinator with the police. She was appointed as a special constable in November 2006 but was suspended from these duties in February 2008.

She applied to become a regular constable late last year but despite performing very well in her special constable entrance exam and passing the initial fitness test and assessment interview, she failed the standard vision test and was therefore unfit to proceed to a final medical examination.

She was advised in February that her application was unsuccessful for medical reasons. She was also separately advised that she was not to parade for duty in her capacity as a special constable until further orders.

The Edinburgh tribunal heard that Miss Cumming had suffered from Browns Syndrome since birth which meant she could not lift her left eye to look directly upwards. Her vision in that eye was also impaired which could not be corrected by spectacles, contact lenses or surgery, although her right eye vision was better than normal.

She also requires to take a break after 20 minutes close reading work to refocus her vision.

Miss Cumming believes her eyesight problem would not affect her ability to perform the duties of a regular police constable. She had received commendations for her performance as a special constable.

She argued it would be unfair for the police to reject her application on medical grounds then argue she was not entitled to claim disability discrimination on these same medical reasons.

Lothian and Borders Police argued police entrance eyesight requirements were regulated by statute.

Employment judge Susan Craig concluded there had been substantial adverse effect. Miss Cumming's disability discrimination claim will now be held by a tribunal at a later date.