PSNI’s mask filters five years out of date, ‘facial hair’ case told

LAWYERS for a police officer fighting the PSNI ban on facial hair have told an employment tribunal that the force’s breathing masks are five years out of date.

The case centres on whether the respiratory masks used in certain police units can be safely used with a “well-trimmed” moustache.

On the third day of the tribunal yesterday, lawyers for the constable in the Armed Response Unit (ARU) who is taking the case said they had learned the filters on some masks had long expired.

They argued this meant action taken against the constable for not shaving was unfair. This included being told he would be temporarily redeployed and could face disciplinary action.

With most officers in the ARU being male, they added that enforcing the ban discriminated on the grounds of gender.

The PSNI may now be forced to carry out an audit of all the relevant breathing masks.

A lawyer for the PSNI accused the claimant of “making this up as he goes along” and said the new evidence was an attempt to distract the tribunal panel.

“It’s unacceptable at this stage to introduce this attack,” she said.

The employment judge on the panel called it “less than satisfactory to introduce it at this late stage”.

The constable’s legal team said they only became aware of the issue on Tuesday, after a sergeant giving evidence told them the filter on his own breathing mask was five years out of date.

After checking, the constable said his mask’s filter also expired around 2013.

“We will be pursuing our application for additional evidence to be produced,” the constable’s lawyer said.

“The canisters and filters were out of date and therefore we would seek to argue as a consequence this is entirely relevant to the proportionality of discrimination case that’s advancing.

“You make the case my client needs to be clean-shaven because of health and safety,” he added.

“The police haven’t even been ensuring these things are in date... it shows a major flaw in the consultation process and undermines the decision to enforce the policy against men in this unit.”

On Tuesday the tribunal was told that a police officer would need a moustache “like a walrus” to interfere with the breathing masks.

The remarks were made by businessman Richard Gates, the director of a UK company that sells safety equipment.

The PSNI’s corporate appearance and protective equipment policy was introduced at the start of this year, following consultation with a range of stakeholders including the Police Federation, the organisation that represents rank and file officers.

On Tuesday the constable accused the federation of being “asleep at the wheel” when it backed the policy.

He added that many officers were unhappy with the new rules and had not been properly consulted.

The case was adjourned until February 25.