Tribunal raises the discrimination bar
9 Sep 05
"Too tall" air traffic trainee loses unfair dismissal claim
A 6ft 10in trainee air traffic controller, dismissed because he was too tall for the desks at the control centre, lost his claim for indirect sex discrimination at an employment tribunal yesterday.
Ben Sargeaunt-Thomson had claimed that National Air Traffic Services' recruitment policy was discriminatory. He was turned down for a place at its centre in Swanwick, Hampshire after a health and safety assessment ruled it would be "dangerous" for him to have his legs beneath the desks. The tribunal heard evidence that the desks were designed for height ranges between 5ft and 6ft 1in, and long-term use by someone of Mr Sargeaunt-Thomson's height could led to joint or circulation problems.
The tribunal however ruled that NATS treated each case separately, as employees of 6ft 6in and 6ft 9in had previously been acccepted, and was entitled to conclude that lack of comfort could endanger Mr Sargeaunt-Thomson's ability to do his job safely.
Mr Sargeaunt-Thomson, now a trainee with Eurocontrol in Luxembourg where the desks are adjustable, said he intended to fight the ruling. "I believe NATS wasted three years of my life", he commented "It took them two and a half years to realise I was tall."
NATS said it was pleased that the tribunal had accepted its recruitment policy was not discriminatory.