Cork City Council ordered to pay €8,000 for discriminatory firefighter 'beep' test

Gordon Deegan

Cork City Council has been ordered to pay €8,000 compensation to an unsuccessful female 43-year old fire-fighter job applicant due to a discriminatory ‘one size fits all’ beep fitness tests for applicants.

This follows the Workplace Relations Commission (WRC) Adjudicator, Úna Glazier-Farmer, finding that the City Council discriminated against Terézia Foott on the grounds of gender and age when applying the beep test to applicants for the full-time firefighter role.

Ms Glazier Farmer found that the beep test, without the application of a normative table that considers age and gender in determining the final score, was both directly discriminatory towards Ms Foott and indirectly discriminatory against women, while giving younger candidates a distinct advantage.

Ms Glazier Farmer found that Ms Foott was treated less favourably by Cork City Council as a prospective employee seeking access to employment and discriminated against on the grounds of both age and gender.

In her findings after a two-day hearing, Ms Glazier Farmer said that the absence of the consideration of age and gender in the beep test results  “is significant”.

Ms Glazier Farmer stated that it is not accepted that a “one‑size‑fits‑all” beep test is appropriate.

As part of the job application process Mr Foott was required to undergo a fitness test on November 17th, 2023, and she passed every element of the test except the aerobic component.

In her claim, Foott relied on a male in his twenties as a comparator, albeit hypothetical, and this was not challenged by the city council.

In her findings, Ms Glazier Farmer stated that the City Council openly acknowledged in its evidence that there was no separate standard for males and females, and that the same fitness requirements applied to all candidates.

As part of her claim, Ms Foott contended that the practical effect of the discriminatory beep test had been to reduce the number of women progressing to full‑time roles.

Ms Foott maintained that the persistently low female intake for full-time firefighter roles was linked to the inflexible beep testing method.

Ms Glazier Farmer has ordered the city council to pay Foott €4,000 compensation for discriminating against her on the grounds of gender and an additional €4,000 for discriminating against her on the grounds of age.

The test at issue, the beep test, involves running back and forth along a set distance in time with beeping sounds. The candidate must reach the end of the track before each beep. After every level, the beeps become closer together, requiring the candidate to run faster.

Ms Foott - represented by C.W Ashe & Co Solicitors - told the hearing that the Beep Test is not accurate, but accepted it was accurate if the normative chart is applied.

A part-time driver-mechanic, she works in the part-time role as a retained firefighter and was applying for a full-time firefighter role with Cork City Council for the City Fire Brigade.

Ms Foott told the WRC that the full-time firefighter position was highly sought-after, well-paid, and offered pension benefits and opportunities for advancement.

Ms Foott told the WRC that she was very excited about the opportunity for a permanent firefighter position, but because of the discriminatory treatment, the opportunity to work with the City Council was taken away from her.

Ms Foott believed that with her working unsocial hours, her gross salary would be between €40,000 - €45,000 per annum.

Chief Fire Officer with Cork City Council, David Spillet, told the hearing that there is no separate standard for males and females, and the same fitness requirements apply to all candidates to ensure they are capable, fit, and healthy for operational duties.

Mr Spillet rejected the suggestion that the test is discriminatory, reiterating that its purpose is to ensure a good level of fitness necessary for operational effectiveness.

He stated that all firefighters, regardless of age or gender, must meet the same standard.

In her findings, Ms Glazier Farmer stated that it should also be noted that there was, and continues to be, nothing preventing Ms Foott from applying for future competitions with the city council.

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