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Aaron Rathmell appears for successful respondent in Employment Tribunal claim.

1st February 2017

Aaron Rathmell appeared for the respondent, West Midlands Police, defending a claim of direct disability discrimination and harassment in the Midlands (West) Employment Tribunal.

The claimant had been removed from an elite position in the firearms unit. He alleged this was done because of his association with his wife, who had a disability, or because the respondent perceived the officer himself had a stress-related disability. The Tribunal also considered the interpretation of guidance relating to fitness for firearms duty.

The Tribunal accepted the respondent’s defence, that the officer was removed from firearms duty because of trust and confidence issues and concerns about his judgement. The Tribunal concluded that the respondent’s decisions were in line with its duty to ensure the safety of the public and that the protected characteristic (disability) played no part in those decisions.

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