You also leave yourself open to being taken to court under those equality laws.
No - you don't big boy!
I have researched this aspect in some detail and if I may, here is an extract from a certain book...
"
Close Protection Medical & Physical Fitness Assessments
It remains an understatement that both medical and physical fitness are not given any consideration in relation to their importance and relevance in a ‘fit for purpose’ commercial environment*. Simply put – no standards exist whatsoever. Suffice to say that the client rightly expects that if such services are obtained, especially those that are licensed by a government regulatory body, that they are indeed of the required standard and that no ‘testing’ by them should be conducted. After all, why should they? They have purchased a service, why then should they be enforced to conduct tests to ensure the service provided is the service they expect? Additionally, the employer (contracted service provider) remains disinterested due to the time and costs involved in testing and if the individual meets government licensing requirements then they are simply not compelled to test. UK commercial CP training providers adopt this mentality, manifested by the SIA. They excuse the lack of physical training on their courses to “shortage of time†and that “personal fitness remains the responsibility of the individual.†Suffice to say – the reason that many commercial instructors are not of the required standard may be the turning cog for this outlook!
Important to note, that the SIA had failed to include any form of minimum medical and physical fitness standards in their licensing requirements. The SIA stated that:
“..These physical and mental disabilities and impairments are for the sole
responsibility of the employer and/ or client to determine.â€
SIA: 2006
...and proceeded to award an SIA license to anyone with the above. This is in addition to the lack of implementing any minimum age to work other than that stipulated as the default of 18 for any license for all sectors.
The situation remains one of a debacle. No one implements standards. The regulator responsible for implementing standards not only fails to apply the very requirements to create a ‘minimum standard’ but also fails to implement any standard. Simply put – no minimum standards exist whatsoever. This ‘passing the buck’ attitude illustrates a total disregard by all those involved and results in a poor result of a student and an unfit for purpose service provided for the end user – the client and the Principal. The SIA state that problems would exist as a government regulator as implementing minimum medical and fitness standards will be –

“Infringing on a grey area that will cause employment rights and legality issues...â€
SIA: 2006 & 2010
The Equality and Human Rights Commission works within the scope of the Employment Rights and Equality Act 2010 providing information, advice and guidance on areas regarding discrimination and human rights. According to them and in relation to the statement made by the SIA, this is indeed not the case. Although under section 60 of the Equality Act 2010 it is unlawful for an employer to ask pre-employment health questions there are a few circumstances that an employer IS allowed to ask for medical information.
These are:
- Reasonable Adjustment For The Interview Process
- Positive Action
-
Occupational Requirements
- National Security
-
Function Intrinsic to the Job
- Monitoring
As long as it can be proven that the physical standards implemented, insofar as pass marks for physical repetitions of specific exercises and times over set distances are mapped correctly against the requirements of the job role, then it remains perfectly legal to conduct physical assessments as part of an employment process. As all candidates must attain a pass in set physical assessments there remains no specific discrimination against those physically disabled or impaired.
Further, as an example and interesting to note, every Chauffeur in London carrying a passenger from A to B has to have, by law, a PCO (Public Carriage Office) License. This license, in which a minimum age limit exists at 21 years, deems that the driver has taken a criminal record's check and has a basic knowledge of his way around London. To obtain a PCO license, the chauffeur also
has to undertake a medical examination to confirm his level of fitness and capability of doing the job."
I then go on to explain further detail the Drivers Medical Group and their function of establishing whether drivers who have medical conditions are able to satisfy the medical standards required for safe driving.
Make no bones about it, the 'Security Industry' is way behind other job employment standards/ requirements to ensure ability and capability. The SIA, in their 'minimalist approach' has designed a process whereby it does not even come close to the basic requirements of a chauffeur...
Rich H