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Long-serving Police Officer wins disability discrimination claim
09 November 2007
A Police Officer who claimed disability discrimination against his employer, Lincolnshire Police, after being refused access to a scheme designed to give long-serving officers (30 years plus service) an option to be retained by the Force beyond their usual retirement age has won his claim for disability discrimination. The “30 Plus” scheme enabled Police Forces to retain the invaluable skills and experience of those Officers who might otherwise retire.
Long serving disabled police officer
PC Paul Weaver joined Lincolnshire Constabulary on 8 November 1976 and during his 31 years of service he has had an excellent attendance record. In 2000 he was diagnosed as suffering from a debilitating condition, which amounted to a disability under the Disability Discrimination Act. As a result of his condition Mr Weaver was placed on restricted duties in November 2000 and in June 2001 he took on the role of an Enquiry Officer within the Criminal Justice System at Lincolnshire Police Headquarters. He has had no sick leave in respect of his disability and has had no sick leave at all in the last six years.
Mr Weaver, of Lincoln, has served the Lincolnshire Force since 1976 and in December last year he achieved 30 years service entitling him to retire with full pension benefits. He took advice regarding the 30 plus scheme and made an application in this regard. His application was refused after the area HR manager drew attention to the fact that he was on “restricted duties” and was likely to remain so.
Mr Weaver believed that the refusal to allow him to join the 30 plus scheme was because he was on restricted duties as a result of his disability and amounted to less favourable treatment and/or failure to make reasonable adjustments under the Disability Discrimination Act. He remained in service whilst he challenged the decision (initially by way of internal appeal and subsequently by Employment Tribunal proceedings) and was supported throughout by the Police Federation of England & Wales.
Greta Mallinson, Paul Weaver’s solicitor in the award-winning Employment Law team at Russell Jones & Walker, said:
“Mr Weaver’s application to join the 30+ scheme was initially approved subject to standard vetting procedures, it was later refused and he believed that the refusal was made because it was discovered that he was a disabled officer working restricted duties. The case highlights the need for all Forces to ensure that disabled Police Officers wishing to take advantage of special schemes open to all Officers are not disadvantaged by reason of their disability or subject to more rigorous application procedures than their non-disabled colleagues.”
The Police Federation has supported Mr Weaver throughout the case. Steve Smith, Deputy General Secretary of the Police Federation’s Constables Central Committee, commented:
“The 30+ scheme was initiated to ensure the retention of officers with valuable skills and experience. Mr Weaver’s disability has never affected his ability or commitment to his role as a police officer. We therefore welcome this Judgment which confirms that officers, such as Mr Weaver with disabilities can and do perform valuable roles within the police service.”
Mr Weaver said:
“I am disappointed that I was not allowed access to the 30 plus scheme as many of my colleagues have been. I believe that I was treated unfairly due to my disability and that my experience, ability and commitment, which, I consider, would have been of great benefit to Lincolnshire Police, was not considered to be of value to the Force. I feel very sad that after 31 years of loyal service to Lincolnshire Police this action should have been necessary. I now hope that the case and the tribunal’s subsequent decision will raise awareness of a number of important issues which should be addressed and which will be of benefit to Lincolnshire Police its Police Officers and the Service as a whole.”
Judgment Details
The hearing concluded on 12th September 2007 but Judgment was reserved until this week. The Tribunal found that the Force had adopted a criteria that because Mr Weaver was working in a restricted post he would not be permitted access to the Scheme because his departure might enable another officer to take up that post. They ought to have permitted him access to the Scheme to remove the substantial disadvantage he faced in comparison with non-disabled persons. Consequently, his complaint of disability discrimination was upheld and he was awarded an undisclosed sum.