MacKenzie v Chief Constable of Police Scotland [2023]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Employment Tribunal (ET)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Time Limits; Disability Discrimination


The claimant applied for a police officer role.   She received a provisional offer subject to conditions.  One of the conditions related to being physically and mentally fit to perform the duties.

In December 2019 the claimant disclosed that she was taking anti-depressants and she was told that probationary police officers had to be free of anti-depressants for a two year period.  As a result, she could not be passed as fit. The claimant lodged a complaint and was directed to the occupational health provider.   OH stated that the two-year rule was required due to ensuring stability before undertaking a psychologically and emotionally draining job.

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This article is correct at 21/09/2023

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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