Interview questions.

I've just posted this on the diabetes website forum, but as the orgers are all knowing (and there is a couple of legal peeps on here.....) I thought I'd ask on here as well.

Background: - serving PC, 7 years in the job, diagnosed as diabetic 4 years ago, been insulin injection controlled for 16 months now.

This is what I posted.......................

Just a quick question in relation to the legality surrounding questions at interviews.

I am a serving Police officer, diagnosed in Oct 04 and started off on gliclazide, metformin pioglitazone etc, however my specialist moved me onto injecting NOVORAPID and LANTUS in June 07. Since then all of my HbA1c has been under 7, the last one was 6.7, which I, my GP & hospital consultant and force occupational health doctor are happy with.

I will be applying for an internal vacancy to join the Roads Policing Unit which will involve passing an advanced driving course and becoming an authorised firearms officer. My force occ health doctor can see no reasons why I shouldn't be considered for the driving aspect but a "NO" to the firearms. This was the case this time last year when I applied for vacancies then and I asked under the DDA for a reasonable adjustment to be made to the working conditions in that I join the RPU without the firearms qualification. This was because there are numerous officers who are currently serving on this unit without firearms and some who have held this qualification but have withdrawn from firearms duties, (you cannot be made/forced to hold such a qualification once you have it, you can withdraw at any time after 12 months). The only requirement for the firearms is because of the need to staff an ARV, (Armed Response Vehicle).

I didn't get in last time because I didn't score well enough at interview, and with hindsight realise that it was because 2 of the questions related purely to the management of a firearms incident, which, because I was aware I would not be serving as a firearms officer, I did very little research for, hence a poor score.

I've been speaking to someone who says that it's illegal (under the DDA and employment legislation) to ask questions at interview about a particular role, if the interviewee is not able to fulfill that obligation due to a medical condition.

The advert for RPU (with firearms element) will be getting advertised again within the next couple of weeks, and I was aksed if I would be re-applying because the relevant requests for a reasonable adjustment would need to be addressed as soon as possible and passed up to the Chief or deputy for approval.

My question is in relation to the interviews, it will be the same format as before, approx 8 questions of which 2 are always diversity related, 2 are about the individual and the role, 2 are about the management of serious & fatal accidents (and/or other roads related matters) and 2 are about the management of firearms incidents.

If it has already been decided that I CANNOT AND NEVER WILL BE ALLOWED to serve as an authorised firearms officer (AFO), AND they have already decided to grant my request for a reasonable adjustment in that I can join the unit without being an AFO, can they then ask me questions about a firearms role.

I have been advised that if they do this then they could be in breach of the DDA. I have also been advised that under such circumstances my employer is obligated to change those 2 questions to 2 which are more appropiate and applicable to me.

Whilst I may have good understanding of the law, this on relates to what I do as a PC, this DDA and employment stuff has me a bit confused.

Apologies for the length of this post, if you're still awake and not fallen asleep half way through I'd appreciate any help you can give.

I'm military (CT) so can't really see it from a Police interview point of view. However, I personally think if you are in the vincinity of firearms you should be either trained or fully briefed in firearms practices whether your a AFO or not. Asking somebody questions about firearms is a good idea if they intend to join such a unit, I would recommend you spend some time discussing somethings with an AFO.

I see it from Dangerous Dave's perspective I suppose.

If in the heat of the moment, the requirement was present for you to handle a weapon (be that to fire upon/return fire/keep the weapon safe) - you should be comfortable in doing so.

Otherwise, IMO, the unit would be better with fully qualified AFO's.

That said, I don't really understand the Doctor's view on the weapons handling for diabetics. If your blood glucose levels are wrong, you're either hyper or sleepy. I suppose that could impair judgement/aim etc, but it's a very very minor risk.

As for the question...

Originally Posted by Baph

If in the heat of the moment, the requirement was present for you to handle a weapon (be that to fire upon/return fire/keep the weapon safe) - you should be comfortable in doing so.

That situation would NEVER arise, only an AFO would ever have access to a weapon, that's akin to you as a member of the public picking up a weapon, WHATEVER the reason.

Like all PC's I've had training in firearms incidents, but those on the ARV actually deal with it, those who are not deal with cordons etc. IF I joined the RPU, like the non AFO's I'm just another uniformed response officer, I just do it in a BMW 530!!!!!!!!!! as the non AFO's on the unit do.

The RPU also provides staff for the ARV's as they need to be advanced drivers.

My post is around the legality of asking questions in interview about a role/function the interviewee is NEVER going to do and will not be allowed to do. Perhaps that is the way to look at it, and not around what that function is.

Is it okay for them to ask questions about something I cannot and will not be allowed to do.

Originally Posted by Baph

If in the heat of the moment, the requirement was present for you to handle a weapon (be that to fire upon/return fire/keep the weapon safe) - you should be comfortable in doing so.

It should never happen, for example our recruits are not allowed anywhere near firearms until after they have passed both selections due to the exotic native of our collection.

Originally Posted by grh1904

Is it okay for them to ask questions about something I cannot and will not be allowed to do.

The only thing I can suggest is you approach them when they ask that question as if it is something you are not medically approved to do you should never be put in that situation.

While your there could you ask them why they always try to tell us how to do our job after they hand over a situation which is out of the control of the ARU, please?

Agree with the above - you shoud be appointed on ability to do the job as if you weren't disabled, and have a working knowledge of the AFO role. Whilst you might never actually bear arms, you would have to work alongside or manage people that do, and you should be interviewed the same as anyone else. They are required to make reasonable adjustments needed for the interview, for example to meet physical needs, and for the actual job if you get through. But the interview questions should be the same as for anyone else otherwise it's not a fair process and constitutes positive discrimination (assuming they're just asking you to answer questions and not show them what your aim's like).

if douglas bader managed to fly spitfires during the war with one leg i dont see you having a problem. good luck and best wishes.
sorry i couldnt be more constructive, guess i'm just stoopydd.

cant you have a word with the h.r. dept they should be able to tell you, and if you fit the essential criteria then you will get an interview the rest is upto you all the best

Originally Posted by Gene genie

if douglas bader managed to fly spitfires during the war with one leg i dont see you having a problem.

With none actually, he had a pair of artificial legs (both legs were amputated, one above and the other below the knee, following an aircraft accident in 1931).

You haven't mentioned whether or not you have contacted your Police Federation Rep, as that's probably where I'd go next