Kenneth Thomson Andrew McFarlane Mr L Trueman v Civil Nuclear Police Authority — 2020

Mr Trueman applied for the role of Force Armourer at Sellafield, passed the sift and interview, and received a conditional offer of employment subject to vetting and a medical assessment. The medical examination on 7 June 2017 recorded hearing loss figures above the respondent's standards, and Dr Policarp reported that the claimant was temporary unfit for the role. The matter was then referred to the respondent's Risk Assessment Panel, which considered the claimant's hearing condition, the noisy nature of the role, and the risks associated with "zeroing" weapons.

The tribunal found that the respondent's concern was the risk of further hearing damage from exposure to the role, not a belief that Mr Trueman was disabled or would inevitably become disabled. It accepted the evidence of Dr Policarp and Brian Rowles that their concern was genuinely about harm to the claimant's hearing and the safety implications of the role, rather than about disability itself. The incorrect date of birth recorded in the RAP paperwork did not lead the tribunal to infer that age was a factor in the decision.

Applying sections 13, 23, 39 and 136 of the Equality Act 2010, and distinguishing Chief Constable of Norfolk v Coffey, the tribunal held that the facts did not show perceived disability discrimination. It noted that the claimant was applying for a civilian post, that no functional hearing test was in place for the role, and that the reason recorded for the rejection was "high risk". The claim was dismissed and no remedy was awarded.