In Mr S Karim v The Commissioner Of Police Of The Metropolis Shafi Karim worked as a probationary officer for five years before he was dismissed in 2021 after his bosses raised concerns about his hearing abilities.
He was advised to use a Rogers Pen wireless microphone as he could not hear instructions but was made to pay about 30 per cent of the cost of the device and the insurance on it.
However, an employment tribunal in central London found that Scotland Yard should not have required Karim to pay his cost of the device and there was no justification for making him insure it.
The probationer officer struggled to hear instructions over his police radio and experienced feedback through his hearing aids. He was made to complete a series of role play tests to prove his ability – with senior officers concerned that his poor hearing could endanger himself and other officers, the panel was told.
During a ‘police chase’ test, the officer’s hearing aid battery ran out, and Mr Karim had to stop and change it, the panel heard. On another occasion, messages had to be repeated for him. His colleagues also noticed he did not always hear when he was spoken to.
Employment Judge Jillian Brown said: ‘[Mr Karim] was put at that particular and substantial disadvantage.
‘The test was a ‘pass or fail’ test and, because he failed it, he was dismissed… there were less discriminatory ways of achieving those legitimate aims, including making reasonable adjustments’.
Compensation will be decided on at a later date.
This 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. 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, we 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.
