Too Tall for Air Traffic Control Job

A man who is six feet and ten inches tall lost out on his dream job as a trainee air traffic controller because his prospective employer considered he was too tall to sit at the workstations used for the specialist computers required for the work.

Ben Sargeaunt-Thomson, a 23-year-old physics graduate, was offered a position as a trainee for the National Air Traffic Services (NATS) in 2003. Part of the training involved a display screen equipment assessment. The desks in the workplace were designed to accommodate 90 per cent of male and female height ranges, with an upper limit of around six feet one inch.

Because of concerns on account of Mr Sargeaunt-Thomson’s height, he was asked to undergo an assessment before commencing the training course. Following this, NATS informed him that it would be dangerous for him to sit for any length of time at one of the workstations as it would be uncomfortable and he could develop joint and circulation problems as a result. In addition, his concentration could be affected by the discomfort and this could in turn put others at risk. Practical solutions to the problem were sought but adaptations to the workstations were not possible as these were set up as a bank of connected desks which could not be adjusted. Also, each workstation was used by a number of different operatives in any 24-hour period. As a result, NATS withdrew its offer of employment to Mr Sargeaunt-Thomson.

Mr Sargeaunt-Thomson took his case to the Employment Tribunal (ET), claiming indirect sex discrimination because only a man would be that tall. However, the ET found that the company had been justified in requiring the display screen equipment assessment when it considered that there could be a risk to health and safety in operating the equipment, particularly given the safety-critical nature of the business. NATS had in the past hired trainees who were six feet nine inches and six feet six inches tall, so the company had not applied a blanket ban on height.

Mr Sargeaunt-Thomson has indicated that he is likely to appeal against this decision.

NATS has said that it does intend to invest in adaptable workstations but these will not be in place until 2012. Meanwhile, Mr Sargeaunt-Thomson did find a job as a trainee air traffic controller with Eurocontrol, in Luxembourg, where the desks can be adjusted.