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With full reference to case law and statute which has developed to address such issues, explain the legal position relating to both Caitlin and David, and what remedies or procedures may be available to them.

The Case Study

Caitlin was employed by Caledonia Accounting plc to deliver mail and other items around the large headquarters building of the company. She was made redundant two months ago. Caitlin believes that her alcoholism was a factor in her selection for redundancy and that she has been a victim of disability discrimination.

Caitlin also had her lower left leg amputated in hospital shortly before she was selected for redundancy. She was diagnosed three years ago as a diabetic but had been an alcoholic for considerably longer.

Her former employers state that alcoholism was not the reason she was selected for redundancy and in any case, alcoholism is not a disability. Caledonia Accounting plc further declared that although the company knew about Caitlin’s alcoholism, they were unaware of her being diabetic.

David, a former semi-professional footballer, wanted to become a police officer but was disappointed when he was told by a recruitment officer that he is ‘getting on a bit’ at 48 years old. David was surprised by the comment as his local police service website states that there is a lower age limit of 18 to become a police officer, but there was no reference to an upper age limit.

When the recruitment officer was challenged about it he said that it was simply a reference to the need for very high standards of physical fitness and the rigorous nature of the training. The police service itself has now stated that applicants are not recruited if they are beyond 40 years of age, due to the physical demands not only in training but in the job itself.

With full reference to case law and statute which has developed to address such issues, explain the legal position relating to both Caitlin and David, and what remedies or procedures may be available to them.


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