Scotland’s police force could be facing a raft of legal cases over an "outdated" policy that precludes people from applying if they are taking antidepressants.

The Herald told how Inverness woman Laura Mackenzie is suing Police Scotland after a job offer was withdrawn because she was on medication and applicants must be two years clear of the prescription drugs.

She is taking the force to an employment tribunal, claiming she was the victim of disability discrimination. An occupational health nurse is said to have remarked to Ms Mackenzie that she believed the policy was "outdated".

An estimated one in four people are affected by anxiety or depression - the most common reason for antidepressant use.

Since The Herald published the story, we have been contacted by others who were rejected for jobs because of the two-year rule, which is based on Home Office guidance, and are now pursuing legal action.

One man said he applied for a job as a police officer around the same time as Ms Mackenze. He had stopped taking antidepressants a year previously, for anxiety and had the backing of his GP but was rejected.

READ MORE: Woman sues Police Scotland for discrimination over 'outdated' antidepressant rule 

He said: “I got through the fitness tests, the written and numeracy tests and the interview and had the medical and was told I was fit for uniform.

“But because I had been on medication a year previously they quoted this two-year rule and said I would have to wait another year.

“I was surprised that it was a barrier as I know serving police officers who are on medication and I wasn’t [actually] on medication.

"I was surprised by it and quite disappointed at the time as the inspector who interviewed me for the job seemed quite pleased with the interview.”

He appealed the decision with a letter from his GP in which she stated that his condition had never resulted in time off work or serious symptoms such as feeling suicidal.

He said: “It was quite minor stuff and my GP was quite happy to write a letter saying that I was already in quite a stressful job and she didn’t think it would be an issue.”

However, his appeal was rejected.

READ MORE: Stigmatised: One in five Scots asked to quit job over mental health issues

He said: “I can understand [the policy] to an extent but I think they should relax their policies because they are possibly losing a lot of good folk.

“My argument for the appeal was that I identified that I needed to see a doctor rather than self-medicating with drugs or alcohol.

“It never crossed my mind that it could be in breach of employment laws until I read the story.”

Police forces say they are following 2004 Home Office guidance which generally advises against accepting recruits whilst they are still being treated with antidepressants and for a period of up to 24 months after stopping them.

However the UK Government said there is no automatic ban on being appointed as a police officer based on the use of antidepressants. 

A spokeswoman added: “Decisions about police recruitment, including how and when recruitment and selection processes are run, are a matter for Chief Constables and Police and Crime Commissioners in England and Wales.

"As policing is a devolved matter, these are matters for Police Scotland and the Scottish Government.”

Police varies across UK forces.

The Metropolitan Police say candidates will be individually assessed but it is recommended that applicants have been well “without medication” for at least six months before applying.

Essex police does not stipulate that applicants should be medication-free saying decisions are made “after careful consideration of the facts”.

Another man said at the time he applied, in 2019, he had 13 years of experience in civilian roles in the police and "sailed through" the assessment process.

He disclosed to the occupational health nurse that he was on antidepressants and was advised that there would be an additional medical assessment.

He received a conditional offer of employment as a constable later that year and it wasn't until January 2020 that he underwent a second medical from a doctor at Optima Health, which provides healthcare on behalf of Police Scotland.

He said: "He advised that the decision would be made by their board of doctors. 

"At this point alarms were ringing as throughout the assessment I had the impression that the decision had already been made before I stepped foot in the room.

"I then received a letter in February stating the "consensus opinion" was that a two-year period of good mental health with no treatment would be required.

"The doctor writing the letter also mentioned that I shouldn't come off the medication just to "get into the police".

"Needless to say the outcome certainly did not help my mental health and led me to question whether seeking help for my mental health in the first place was the correct decision.

"I've dedicated over a decade of my life to the service already by that point and it felt as though it was me that was at fault. 

He added: "I am now off medication for depression however I did that for my own benefit and have no interest in re-applying as a constable for Police Scotland after that experience.

"It was clear that the decision was not based around the actual assessment and was instead just a rule without exemptions"

Jay Lawson of Dundee firm MML Law, who is represented Ms Mackenzie in the employment tribunal, said: ”It’s a hugely important case for our client given everything she has been through but also for employees and candidates with disabilities who are discriminated against during the recruitment process.

“There is always a bigger picture in a case such as this, in relation to raising awareness.”

Police Scotland said the ban on antidepressants would not affect officers who are already in the job.

READ MORE: Concerns over glaring gaps in mental health provision across Scotland 

The Scottish Fire and Rescue Service said being on medication for mental health condition was “not a barrier” to joining the service in an operational role. 

A spokeswoman added: “The Scottish Fire and Rescue Service is dedicated to ensuring the physical and psychological health of our staff at all stages of their career and we offer a wide range of mental health services available to our operational and support staff.” Teachers and NHS workers are also free to apply for jobs if they are taking medication.

A counselling psychologist, who asked to remain anonymous, said: “People are prescribed antidepressants for a variety of reasons, most commonly but not exclusively anxiety and depression.

“These common mental health difficulties affect one in four.

“It would be interesting to hear the justification for this policy, especially in the in light of anti-discrimination practice.

“Particularly, if someone is functioning well and otherwise fit to do their job.

“Being able to work is fundamental to feeling part of society.”