In The Chief Constable of Norfolk v Coffey the Court of Appeal
has considered the issue of perceived disability discrimination for
the first time. It upheld earlier tribunal and EAT decisions that
it was direct disability discrimination to refuse a police
constable's transfer request because she had a hearing
impairment. Even though the impairment did not amount to a
disability under the Equality Act, the police force perceived that
she had a progressive condition that would become a disability in
the future.
Mrs Coffey did not meet the police force's normal
recruitment standards because of a hearing impairment. However, she
was appointed as a police constable following a "real
life" hearing assessment that showed she was capable of
performing all an officer's normal duties. For personal
reasons, she later applied for a transfer to the Norfolk police
force but her request was turned down because she could not satisfy
the recruitment standards. She claimed that this
