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Last Updated: Friday, 20 October 2006, 17:24 GMT 18:24 UK
Police win eye disability appeal
Gurpal Virdi
Detective Sergeant Virdi says he was refused extra time for an exam
The Metropolitan Police has won its appeal against a tribunal's decision to allow an Asian officer to pursue a disability discrimination claim.

Gurpal Virdi, a Sikh detective sergeant, said the force had failed to give him more time to sit an exam because he had an eye cyst.

A tribunal ruled his condition did constitute a disability.

But the force's claim that it had interpreted the law incorrectly was upheld by an appeal tribunal.

In a judgment the President of the Employment Appeal Tribunal (EAT), Mr Justice Elias, said: "The EAT held that the tribunal did misunderstand the significance of coping strategies.

"Since that error may have affected the tribunal's conclusion that the claimant was disabled, the appeal was upheld and the matter remitted to the tribunal for reconsideration."

The case will now go back to the original tribunal panel.

Mr Virdi also won a partial victory and will be allowed a second chance to bring a claim of race discrimination and victimisation against the Met.

The claims had been thrown out by an employment tribunal in April became they had been brought a day too late.

But the Appeals Tribunal ruled the case should now be decided on its merits.

Mr Virdi won compensation and an apology from the Met in 2002 after a disciplinary panel wrongly sacked him for allegedly sending racist mail to black and Asian officers and civilian staff where he was based in Ealing, west London.

He returned to the force after an employment tribunal found he was the victim of racial discrimination and ruled there was no evidence against him.

SEE ALSO
Police appeal disability ruling
06 Oct 06 |  London

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