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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I took my medical assessment for the police yesterday and

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Good morning
I took my medical assessment for the police yesterday and failed the hearing test being graded at 3 (poor). I damaged my hearing when I was 16 shooting in the Army Cadets, however it has never affected my ability to work. I have also worked for the same force sinc 2010 as a PCSO and used a radio just like any other police officer with no issues.
My question is do I stand a chance of appeal under the 2010 equity act as I feel that my current service proves that I am capable of Carrying out the role of a PC.
Customer: replied 1 year ago.
Also a friend of mine had the same issue and after seeing his doctor who confirmed that despite his hearing loss he was fit for duty and was accepted. I'm just concerned that I won't be accepted even though I know that I can do the job.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Did you need to take a similar test when you initially started working for the force?

Customer: replied 1 year ago.
No however I have always used an airwave radio like an ordanery Police officer and have done for 6 years. I have taken and passed the PCSO medical for Suffolk police two weeks ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. You could indeed try to argue this under the Equality Act by stating that you are disabled due to the hearing issues and that by not allowing you to join because of this they are treating you detrimentally, hence discriminating against you. Saying that, the force are able to defend this if they can show that this is a specific occupational requirement, which is possible. You can however ask why it is that police officers have higher criteria for hearing than PCSOs. There could be a valid reason for this but it is for the employer to justify that. If reasonable explanation exists for that and you are within the criteria to be employed as a PCSO, then on the assumption that you do more or less the same operational duties as a police officer, the should be no difference in the criteria for hearing and if there is then it could be discriminatory. I suggest you try the options you know of that have worked with others first, such as involving your doctor and also trying to challenge this internally with the force. If all attempts fail, your only option then would be to consider the discrimination claim in the employment tribunal, however note that this must be submitted within 3 months of the alleged discriminatory action.

This is your basic legal position. I have more detailed advice for you in terms of the steps tou need to follow should you decide to go down the claims process, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Customer: replied 1 year ago.
Thank you that's reassuring.

You are welcome, let me know if you need further help, for example if they refuse to budge

Customer: replied 1 year ago.
I will do thank you. I phoned recruitment this morning and explained the situation. They told me that it will go to our Occ health department to decide. The ironic thing was that during the call the noise of sirens were in the background so I pointed out that I was still holding a conversation despite the noise. I have also booked an appointment to see my doctor.
Customer: replied 1 year ago.
If occ health say no I will be going down the discrimination route.Thanks again.

You are welcome, you know where I am if you need further assistance

Customer: replied 1 year ago.
Thank you. I guess it's just a case of wait and find out for now.

For the time being I am afraid so