A woman is suing Scotland's police force after a "dream" job offer was withdrawn because she was taking antidepressants.
Laura MacKenzie was described as an impressive candidate whose application to become a probationary police officer "stood out".
She was shocked that Police Scotland had, “such a stigmatising attitude towards mental health.”
The recruitment inspector was also said to be "apologetic" for the decision to rescind her offer of employment.
Weeks after the decision Police Scotland launched a partnership with the See Me programme, which campaigns to end mental health discrimination.
According to employment tribunal papers, an occupational health nurse said the policy was "old and may be due to be revised."
Ms MacKenzie applied to become a police officer in the Highlands and Island division on June 15, 2019, describing the job as her "dream career."
She said she had carried out research every night after the end of her working day to find out about the role and the core values of Police Scotland.
Her form recounted an incident from her school years when she had witnessed "patience and empathy" from police officers. She said she had regarded them as role models that she wished to emulate.
Following her application, she was invited to attend an IQ test in Aberdeen.
She obtained practice books to improve her numeracy skills.
She was issued with a provisional offer of employment as a probationary police officer on November 7 subject to six conditions.
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One of them stipulated that she must “certified by a registered medical practitioner approved by the police authority to be fit both physically and mentally to perform the duties of a police officer".
The letter noted that a failure to meet all or any of the conditions may result in her start date being deferred or the provisional offer being withdrawn.
Prior to writing the letter the recruitment inspector called Ms MacKenzie to congratulate her.
He said her application by that time had “stood out” and that he was very impressed.
On or about December 6 2019 she attended a medical and it was intended that she would then be fitted for a uniform.
The medical was carried out by an occupational health nurse and one of the first questions she asked was related to antidepressants.
Ms MacKenzie said that she had believed that by this time Police Scotland, or its occupational health advisors, would have had access to her medical records.
She said that she was at that time taking an antidepressant drug for anxiety and depression.
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The nurse telephoned a colleague and then advised her of the "two year rule" which stipulates that probationary police officers had to be free of antidepressant drugs for a period of two years before they could be considered for appointment.
Ms Mackenzie said she was "heartbroken" by this as she believed she had been transparent with Police Scotland about her health.
The recruitment inspector called her and was said to be "shocked and apologetic" about the decision.
She considered stopping her medication for 2 years and re-applying.
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Optima Health, which provides occupational health services for Police Scotland, said it was "pudent that a two-year period of good mental health with no treatment is required...to demonstrate a period of ongoing stability prior to starting what is recognised to be a psychologically and emotionally challenging job."
In August 2020, Ms Mackenzie started working as a nursing assistant with NHS Highland in a psychiatric hospital.
She began to think again about her rejection and felt she had been “wrongly done by.”
She was advised by Citizens Advice Scotland to pursue an employment tribunal case against Police Scotland on the grounds of disability discrimination.
Police Scotland disputes the claim that Ms Mackenzie is disabled and also argued that the claim was presented "out of time" but this was rejected.
Lee Knifton, Director of Mental Health Foundation in Scotland, said: “We can’t comment on individual cases but we know that people living with mental health conditions are still facing discrimination and stigma in workplaces, communities and interpersonal relationships.
"We need employers to show leadership and ensure that their recruitment and workplace practices do not negatively affect people living with mental health conditions."
A Police Scotland spokeswoman said: “It would be inappropriate for us to comment at this stage.”
A preliminary hearing will take place at a later date.
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