Fitness Test - Discrimination?
Posted in employment over 2 years ago, 2 replies
When I joined the level required was 8.10. This has been raised to 9.10 since Apr 2008.
I am unable to reacch the required level but can pass the bench mark required for female employess in the RAF.
The test is a general test for all trades.
As I can not pass the test I am reuired to undertake remedial PT despite the face that female colegues would who passed at a lower level do not.
This also gets mentioned upn my assesments despite it not being trade specific.
I am also being told that if I fail to attend the remedial PT I can be discharged on the grounds of bad attitude towards fitness.
Do I have any legal bearing in my favour as I feel this amounts some way to discrimination.
submitted by Andrew in UK
As a result of the Sex Discrimination Act 1975 (SDA), it is unlawful to discriminate on grounds of sex, marital status or gender reassignment. This applies when recruiting and when deciding what terms and conditions should be offered to an employee as well as when decisions are made about who should be promoted, transferred or receive training as well as to any decisions about terminating someone's employment.
Direct discrimination occurs when a person is treated less favourably because of his/her sex than a person of the other sex would be treated in the same circumstances. For example, a man is not short listed for a post because he would be joining an all female team and is not expected to fit in. This could be direct discrimination. If a woman were not appointed because she is pregnant, then that would also be direct sex discrimination. Harassment is also currently a form of direct discrimination.
Indirect sex discrimination can occur where a provision, criterion or practice is applied equally to men and women, but it is to the detriment of a considerably larger proportion of one sex. Unless the practice can be justified and shown to be essential for the job, indirect discrimination may have taken place. Examples of indirect discrimination would include not allowing a woman to work part time without justification or insisting that the successful candidate has a beard. Making age a determining factor in making an appointment may also be a form of indirect sex discrimination as well as direct age discrimination.
Victimisation is also outlawed under the SDA. This occurs when an individual is discriminated against because they have exercised their rights under the SDA. If an employee gave evidence in a claim against his/her employer and was then passed over for promotion as a result, this would be victimisation.
See: Code of Practice: Sex Discrimination