Employee’s colour blindness did not come within definition of disability

An ET finds that an employee’s colour blindness did not come within the definition of disability because his coping strategies mean there are no substantial adverse effects on his day to day activities.
dismissal

In Bessell v Chief Constable of Dorset Police, an ET had to determine whether Bessell (B), who has colour blindness, is a disabled person under the Equality Act 2010. B argued that his impairment has a substantial and long term adverse effect on his ability to carry out three normal day-to-day activities, i.e. cooking, reading/Interpreting documents/text and watching sport. The ET found that B’s impairment did not create a substantial adverse as each adverse effect was matched by a coping strategy that effectively negated its impact. For example: B could not tell whether chicken was under-cooked just by looking at it but could and did use a skewer to test to see whether the juices were clear; the colours used on subway maps were of no assistance to him, but he could use destinations and other information about the lines; commentary and captioning would assist him when watching snooker or distinguishing between the strips worn by Tour de France cyclists.


This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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