ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL
THE HON MRS JUSTICE SLADE
UKEAT/0226/09/ZT, BAILII:  UKEAT 0226_09_2106
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE RIX
LORD JUSTICE PATTEN
| BRIAN AITKEN
|- and -
|THE COMMISSIONER OF POLICE OF THE METROPOLIS
MR DIJEN BASU (instructed by Metropolitan Police Service (Legal Services)) for the Respondent
Hearing date: 2nd March 2011
Crown Copyright ©
Lord Justice Mummery:
"191. …we have said above that we are satisfied from Dr Broadhead's clear and comprehensive report that as a matter of fact PC Aitken is not a danger to members of the public, female colleagues, or anyone else for that matter. We accept however that at the material time reasonable people such as Sarg Shaw and including Dr Fletcher who is a qualified doctor, were scared of him and whether their fear was justified knowing what we now know about the condition of OCD is off point. His behaviour was frightening.
192. We find that the Respondent did not act on the basis of assumptions about mental illness, but they acted on the basis of how PC Aitken appeared to others. Unfortunately he gave the impression at times of having enormous difficulty in controlling his temper and, as we have seen at the Christmas social in 2005, scared his colleagues especially female colleagues.
193. It is not therefore the case that the Respondent acted on the basis of assumptions about mental illness per se, it was about how the Claimant presented himself. This therefore does not meet the test of direct disability discrimination."
Direct discrimination and necessary facets
Discussion and conclusions
Reason for treatment
Misperception of disability
Lord Justice Rix:
Lord Justice Patten: