CD v The Chief Constable of Staffordshire Police — 2020

CD was a disabled applicant, with Asperger's syndrome and dyslexia, who applied to join Staffordshire Police as a Police Constable and Special Constable. Both applications were stopped at the first vetting stage after the respondent reviewed Police National Database material arising from his 2016 arrest and investigation. The tribunal said it was not determining the correctness of the underlying allegations, only what the PND recorded and how vetting was carried out.

The tribunal dismissed the direct discrimination and discrimination arising from disability claims. It found that the vetting refusal and appeal decision were based on the PND information, the seriousness of the alleged conduct, and the respondent's assessment of risk to the police service. Although the tribunal accepted that CD had some memory impairment evidence, it did not accept that his failure to provide phone passwords was caused by his disability, and it found that this was only a small part of the decision-making. It also found that a further interview with CD would not have changed the outcome.

The indirect discrimination and reasonable adjustments claims also failed. The tribunal held that the relevant PCP was the application of the College of Policing Vetting Code of Practice and APP, but that it did not place disabled applicants, or CD in particular, at a particular or substantial disadvantage on the facts found. It held that the respondent pursued legitimate aims of protecting the public and ensuring that only suitable people were appointed, and that the vetting approach was proportionate. The tribunal noted, however, that communication with CD had been inadequate and that the respondent should have asked how his disabilities affected him.