Police Officer Unfairly Dismissed

In a landmark employment tribunal, Ministry of Defence (MOD) Police officer Koren Brown has been deemed indirectly discriminated against after failing the controversial “bleep test.” The ruling highlights how certain fitness tests can unfairly disadvantage women due to inherent biological differences.

Background of the Case

Koren Brown joined the MOD Police in 2015. She repeatedly failed the aerobic “bleep test,” which requires participants to run at increasing speeds between pre-set markers. According to the tribunal, women on average have:

• Lower muscle mass
• Higher body fat percentage
• Smaller lung and heart capacity

Although Brown requested the Chester treadmill test—an alternative involving running on a progressive incline—she was only allowed a single, unguided practice attempt and received no formal training support as recommended by College of Policing guidelines. Dismissed in October 2018, Brown challenged the decision, arguing the process was sexist and discriminatory.

Tribunal Findings

The employment tribunal concluded that:

• The bleep test indirectly discriminates against women under the Equality Act 2010.
• Brown was denied a proper attempt at the Chester treadmill test.
• No reasonable adjustments or alternative training were offered.

As a result, her dismissal was ruled unfair. The tribunal emphasised that policies which appear neutral can, in practice, be less fair to certain protected groups.

Expert Commentary and Legal Implications

Aisling Foley, solicitor at SAS Daniels, warns employers to review all physical fitness requirements for potential adverse impacts on employees with protected characteristics, including women and those with disabilities:

“If steps aren’t taken to adjust physical aspects of a role, employees could be discriminated against under the Equality Act 2010.”

Matt Jenkin, head of employment law at Moorcrofts, adds that proportionate application of tests and proper consideration of alternative assessments are crucial. He notes:

“Employers must determine not only whether fitness requirements are necessary but also how staff can fairly demonstrate those abilities.”

Next Steps and Appeal

The MOD has indicated it plans to appeal the ruling. Meanwhile, organisations across the UK are urged to reassess their physical testing procedures to ensure compliance with equality legislation.

For further reading on related issues, explore these articles from Workers of England:

• Equality Act and Physical Fitness Tests
• Sexist Fitness Testing in Police Recruitment
• Unfair Dismissals in the Security Sector

Read the full HR Magazine article

BBC Report on MOD Appeal