Cork City Council ordered to pay €8k to woman turned down for firefighter job

Cork City Council has been ordered to pay €8,000 compensation to a woman whose application for a firefighting job was unsuccessful due to a discriminatory ‘one size fits all’ beep fitness test for applicants.

The Workplace Relations Commission (WRC) adjudicator, Úna Glazier-Farmer, found the council discriminated against Terézia Foott, 43, on the grounds of gender and age when applying the beep test for applicants for the full-time firefighter role.

Ms Glazier-Farmer found 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 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. Ms Glazier-Farmer said that the absence of the consideration of age and gender in the beep test results “is significant”. She said it is not accepted that a “one size fits all” beep test is appropriate.

Fitness test

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

In her claim, Ms Foott relied on a male in his 20s as a comparator, albeit hypothetical, and this was not challenged by the city council. In her findings, Ms Glazier-Farmer said 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 fulltime roles. She 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 Ms 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.

Beep test

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 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, Ms Foott 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.

Chief fire officer with Cork City Council, David Spillet, told the hearing that there is no separate standard for men and women, 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.