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Former PC wins his discrimination case
12 November 2007
A Police officer who served the Lincolnshire force for 30 years has won a claim for disability discrimination against his bosses.
PC Paul Weaver took Lincolnshire Police to an employment tribunal after his application to stay on beyond normal retirement age was refused.
Mr Weaver (50) joined the force in 1976 and maintained an 'exemplary' attendance record.
But in 2000 he was diagnosed with a debilitating condition which was considered a disability under legislation.
He was placed on restricted duties before taking on a role as an enquiry officer at Lincolnshire Police Headquarters in 2001. In the six years since then he has not taken any sick leave at all.
When he reached 30 years' service last December he became eligible for retirement with full pension benefits.
But Mr Weaver decided to make an application to the force's 30 Plus scheme - designed to let experienced officers stay on beyond normal retirement age.
However, his application was turned down on the basis that he was on restricted duties and was likely to remain so.
He launched an internal appeal and then took Lincolnshire Police to an employment tribunal under the Disability Discrimination Act.
Last week the tribunal announced its judgement, upholding his complaint of disability discrimination and awarding him an undisclosed sum.
After the ruling, Mr Weaver said: "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 officers and the service as a whole."
His solicitor, Greta Mallinson, from law firm Russell, Jones and Walker, said: "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."
The Police Federation, which supported Mr Weaver through the case, said the 30 Plus scheme was designed to retain officers with valuable experience.
Steve Smith, deputy general of the federation's constables central committee, said: "Mr Weaver's disability has never affected his ability or commitment to his role as a police officer."
Melanie Blakey, solicitor for Lincolnshire Police, said: "We are pleased to note the tribunal did not uphold the claim for direct discrimination. We are considering a possible appeal."
