The Employment Appeal Tribunal (EAT) has just found that it is possible to discriminate against a non-disabled job applicant because of a perception that a medical condition they were suffering from could turn into a disability in the future.
In Chief Constable of Norfolk v Coffey, the claimant was a serving police officer with the Wiltshire Constabulary who requested a transfer to the Norfolk Constabulary. In order to do so, she had to undergo routine medical checks. She had a degree of hearing loss which ordinarily would have disqualified her from serving as a police officer.
The Norfolk Constabulary rejected her transfer request because her hearing was just below the accepted standard and they were concerned that she may have to perform restricted duties if her hearing deteriorated any further.
It was found that this decision was direct discrimination based on a perception that the claimant would be disabled in the future. When making its decision, the EAT considered that another job applicant in the same position as the claimant but without the perceived disability would have had their application approved. They stated ‘there would be a gap in the protection offered by equality law if an employer, wrongly perceiving that an employee’s impairment might well progress to the point where it affected his work substantially, could dismiss him in advance to avoid any duty to make allowances or adjustments’.
This case serves as a useful reminder to employers about the wide scope of the Equality Act 2010 and the risks of a successful discrimination claim being proven. It is clear that ignorance as to the law relating to disability or an incorrect assumption about a medical condition can still mean employers find themselves in hot water. Decisions relating to recruitment should always be carefully considered and specialist advice sought if there is any concern about potential discrimination.