Courts / Ireland / Report

Detective banned from motorbikes over ear condition but allowed to shoot guns loses discrimination claim

Summary

A Garda detective with a long‑standing ear condition, who had undergone multiple surgeries and was found to have moderately severe conductive hearing loss, brought an equality claim under the Employment Equality Act 1998. He argued that the force had discriminated against him by forbidding him from riding motorbikes, which he had previously used for training, while still allowing him to perform firearms duties. The detective's representative, James McEvoy, claimed the denial of motorbike access denied the detective opportunities to develop skills and was a discriminatory decision. The tribunal heard that the detective had repeatedly passed fitness tests for firearms duties, and that an assistant chief medical officer had assessed the risk of motorbike noise as not significant for the left ear but potentially serious for the right ear. The adjudicator, Michael MacNamee, concluded that the force had not discriminated against the detective and dismissed the complaint. The decision also rejected a related penalisation claim.

Who, what, where, when and why

What: Report matter: Detective banned from motorbikes over ear condition but allowed to shoot guns loses discrimination claim. Procedural stage: hearing_or_decision

When:

• 2023-12-01 Publication

Why: A garda detective with an ear condition who complained of discrimination because he was forbidden from riding motorbikes to protect his hearing – despite still being allowed to shoot guns – has failed in an equality claim. CNI source report

Topics

Stage Hearing Or Decision

Read the original CNI report